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


$230M class action settlement a "seismic shift": Lawyers

Lawyers behind an underpayments class action on behalf of more than 20,000 junior doctors say a $230 million settlement reached with NSW Health is the largest in the nation's legal history and represents a "seismic shift".

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.

Maximum fine for diplomat who kept worker in "slave-like conditions"

A court has hit a former Indian High Commissioner with maximum fines for entrapping a worker in "powerless domestic servitude" in the guise of a diplomatic posting, paying her $9 daily to keep his palatial Canberra home 17.5 hours a day, seven days a week.

No car means new role not acceptable alternative: FWC

An employer has failed to convince the FWC that it should reduce a worker's redundancy payment from 13 weeks to six, finding that although it secured another job for him on the same pay, losing private use of a company car meant the role was not "substantially the same".

FWC analysis identifies award interplay with disconnect right

The FWC has identified 11 award provisions, extending to overtime, reasonable additional hours and on-call, that might interact with new terms to entrench the right to disconnect, ahead of the new laws taking effect in late August.

Casual worker prompts clarification of award terms

A casual real estate agent's application has spurred the FWC to vary the industry's award to clarify working hours and associated car allowances, accepting evidence that he had not been paid for the time involved in travelling up to 100 kilometres directly from home to conduct open inspections.

Lawyer fined after "unreasoned" approach to underpayments

A lawyer has been fined $2400 and her eponymous firm a further $12,000 after a judge highlighted her "unreasoned and unreasonable" belief that the FWO wrongly concluded that it underpaid a legal secretary.

Court holds accountants to account for withholding records

An accountancy firm and its principal must pay penalties totalling almost $70,000 for failing to comply with FWO notices to produce documents linked to to its client's "grossly inadequate" employee record-keeping.

Big fine for Italy after annual leave, records breaches

The Federal Court has flayed the Republic of Italy for failing to heed Australian IR laws in its local consulates and has ordered it to pay a $94,000 fine, $7500 compensation and indemnity costs to an administrative employee after it failed to pay him annual leave loading for six years, to keep records in English and to produce the records on demand.