Legislation page 1 of 6

56 articles are classified in All Articles > Termination of employment > Legislation


FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.

Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.

CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

AAT fires another shot at FEG scheme "inequity"

A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.

FWC bench within rights to halt reinstatement: Full court

A 64-year-old BlueScope worker sacked for mishandling a 13-tonne coil has failed to win his job back, after a full Federal Court majority found a FWC bench did not go beyond its powers to halt his reinstatement.


FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.

Big miner penalised after HR manager's "opaque" evidence

A judge has highlighted an HR manager's "opaque" attempts at explanation in deciding to fine mining giant Glencore for failing to pay a retrenched employee his full entitlement for untaken long service leave.