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


FWC set to extend paid pandemic leave until late March

A five-member FWC full bench has today given any objectors until Monday to respond to its "provisional view" that it should extend COVID-19 paid pandemic leave provisions in three major health awards for five months.

Former MacBank advisors awarded $1.3m after "rapacious" claims

Forty-eight former Macquarie Bank wealth advisors have been awarded compensation totalling more than $1.3 million despite a judge describing as "rapacious" their claims about underpayment of various leave entitlements.

Qantas weighing appeal against JobKeeper ruling

Qantas is considering a challenge to a Federal Court interpretation today of JobKeeper payment rules that will require it to backpay employees who received penalty rates in arrears while covered by the wage subsidy scheme.

Retailer says sacked GM refused COVID-19 test

Noni B has hit back at claims it unlawfully failed to provide notice and accrued leave entitlements when it retrospectively sacked the general manager of Rockmans, accusing him of misconduct, cover-ups and refusing to undergo testing for COVID-19.

Umpire rejects bid for "COVID-care" allowance

A $5 an hour "COVID-19 care allowance" for disability workers attending to self-isolated and quarantining clients is unnecessary and likely to trigger a push to insert it into other health sector and aged care awards, according to an FWC full bench.

Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.

Sacking costs listed company $1.1m despite unsigned contract

An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.

Worker weaponises employer's adverse action response

The FWC has rejected a company's objections and given the go-ahead for a worker who settled a general protections claim to use its response in that matter to run an underpayments case in the South Australian Employment Tribunal.

Newsflash: High Court overturns Mondelez leave decision

A High Court majority has rejected union arguments that employees working longer than standard hours are entitled to use those hours as the basis for calculating their entitlement to 10 days paid personal/carer's leave for each year of service.