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53 articles are classified in All Articles > Individual contracts > Case law


High Court's Rossato decision rewrites the rules: Experts

IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.

FWC makes termination call on Telstra's zombie AWAs

The Fair Work Commission has declared a provisional view that it will agree to Telstra's request to terminate thousands of so-called "zombie" statutory individual agreements from the Work Choices era.

Casual categorisation not an "opening move": Workpac

Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.

Court backs rare Premier's challenge to tribunal ruling

A palliative care doctor given 10 minutes' notice that his three-year fixed-term contract was to be succeeded by a six-month contract immediately lost his right to have a tribunal review the new offer, Tasmania's Supreme Court has held.

COVID-19 stand down designed to avoid big payout: FWC

The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.

Macquarie Bank contests advisors' commission-only claim

The latest tranche of Macquarie Bank wealth advisors to sue for alleged underpayments continue to maintain they were paid under commission-only arrangements despite the bank's insistence this was paid on top of a base salary.

Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.



Chief executive's dismissal challenge backfires spectacularly

A court has given a publicly-listed veterinary pharmaceutical company the go-ahead to pursue its former chief executive for a significant portion of more than US$400,000 paid to settle assault and s-x discrimination cases brought by two members of its marketing team.