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


Two jobs with single employer don't count as one: Court

A worker who concurrently held two "separate and distinct" part-time roles with Australia Post has failed to win $200,000 in overtime and meal allowances he claimed he was owed under the organisation's agreement, after the Federal Court ruled that they didn't amount to a single job with combined hours under the Fair Work Act.

Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.

Uber class action goes national

Maurice Blackburn has massively expanded the size and reach of its Victoria-generated class action against Uber, reaching out around the country and targeting the period when the ride share company started to operate in 2014, before state-based transport laws were changed.

Bullying director penalised $27,500 for sacking, underpayments

The ailing 86-year-old director of a newspaper publishing company has been ordered to pay $27,500 to a journalist he sacked seven years ago, a day after he refused to withdraw a complaint to the Fair Work Ombudsman over underpayments.

$1 billion class action could redefine sub-contracting arrangements

The union advising Shine Lawyers on a $1 billion bid to recoup wages and entitlements for 4000 telecommunications workers allegedly misclassified as sub-contractors says the class action could finally answer a question historically avoided via settlement.

ATO's Foodora report could be ticking bomb: Academic

As Foodora's administrators concede the company underpaid workers more than $5 million after misclassifying thousands of casuals as independent contractors, an IR academic says an ATO report could establish whether the findings have far-reaching implications for other gig economy employers.

Employer entitled to stop paying remote allowance: FWC

An employer did not need to continue paying a remote area allowance to detention centre workers transferred to Darwin, despite a management email asserting their entitlements would not be "diminished", the FWC has found

Hearings set for not so "straightforward" bid to quash Woolies' deal

The FWC will set a week of hearings at the end of February to hear a RAFFWU bid to quash Woolworths' nominally-expired 2012 deal before a newly voted-up replacement is approved, with the retailer and the SDA saying they need time to consult the rest of the workforce.

Jobs Department's chief counsel met with Workpac post-Skene

The Jobs Department has told a Senate Estimates hearing that it met with labour hire company Workpac following the full Federal Court's crucial casual leave decision in Skene, but that it hasn't drafted a Bill to address the ruling.