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97 articles are classified in All Articles > Entitlements and standards > Case law


Employers reel from casuals ruling, as expert extols conversion

The Morrison Government has flagged potential legislative change as the full Federal Court's Rossato ruling sends "shockwaves" among employers, while an academic says it is untenable for casuals to receive both loading and leave entitlements.

No sick leave obligation after COVID-19 stand downs: Court

Unions are calling on Qantas to permit sick workers to continue accessing paid personal leave entitlements while stood down due to the coronavirus, despite the Federal Court ruling today that it is not obliged to do so.

Government approves "shameless" class action inquiry

The Morrison Government has won support for a parliamentary inquiry into class actions, despite the Labor Opposition accusing it of dodging recommendations from a 17-month-old report by the Australian Law Reform Commission.


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.


WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".

Mondelez and Porter put their case to High Court

IR Minister Christian Porter and a major food manufacturer have told the High Court that sick and carers leave must be calculated on average hours, not calendar days, in their challenge to a decision claimed to potentially leave employers an extra $2 billion out of pocket each year.

Court whacks underpaying directors who pocketed worker's tax refund

Service station owners who required a visa-dependent employee to hand over his tax refund and cover the cost of drive-offs have been ordered to compensate the former console operator and his fellow-worker wife more than $50,000 after a court found them accessorially liable for underpayments.

GM wins penalties after "vengeful" denial of entitlements

The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.