Case law page 1 of 11

103 articles are classified in All Articles > Pay and remuneration > Case law

Court reduces shortchanging fine due to lockdown impacts

A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.

Stand down compensation after "more valuable" workers favoured

In a decision highlighting the challenges facing employers attempting to manage stand-downs during the pandemic, the FWC has ordered a global aviation ground services company to compensate a part-time worker after favouring more valued employees.

Newsflash: High Court to hand down Rossato judgment

The High Court will next Wednesday hand down its much-anticipated judgment in labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato had an entitlement to paid leave while engaged as a casual on consecutive contracts for almost four years.

FWC puts hospitality loaded rates firmly on menu

Higher-paid hospitality workers appear set to have their overtime and penalty payments rolled up into loaded rates after a FWC full bench yesterday provisionally supported employers' push to vary the sector's award.

FWO underpayment case should be scrapped: Recycler

The FWO "uncritically" accepted an employment agency's assertions about the correct award to apply to underpayment claims before prematurely issuing compliance notices, an employer alleges.

2.5% rise as economy recovers from pandemic

The FWC has approved a 2.5% increase in all award rates in its minimum wage ruling handed down this afternoon and has again delayed rises for sectors most affected by the coronavirus pandemic.

Full court rules increases payable until new deal sealed

Qube Logistics must backpay two 3% increases held to be payable until it re-negotiated a rail deal, after a full Federal Court today upheld a finding that re-negotiation takes place when an agreement comes into force rather than when bargaining begins.

Employers fret over teacher pay review after Budget brush-off

Early childhood employers have told a FWC full bench that foreshadowed work value increases to teachers' award rates will impose a "significant financial impost" given the Morrison Government did not commit funding for it in this month's Budget.

Challenge to retrospective law on casuals "still in development"

The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.