Employment

The Fair Work Ombudsman has won its underpayments case against restaurant chain Sushi Bay and its director, with a judge finding the company forced migrant workers to pay back their entitlements in cash in a “calculated and institutional effort” to conceal wrongdoing. 

King & Wood Mallesons has snagged an industrial relations and employment law ace from Clayton Utz, who collaborated with the Attorney-General on implementing the recent Respect@Work reforms.

Commonwealth Bank of Australia and subsidiary CommSec have been hit with $10.34 million in penalties — the highest ever imposed in enforcement action by the workplace regulator — after admitting it underpaid thousands of employees more than $16 million.

Fast food giant KFC has served its defence in a class action alleging workers were deprived of their rest break entitlements, saying its obligation to provide the break was satisfied if staff were given the chance to stop work but chose not to.

Hospitality giant Merivale has agreed to settle an underpayments class action alleging it failed to pay workers amounts owed for overtime hours worked.

A judge has dismissed Aldi’s bid to have a class action alleging it underpaid Australian workers to the tune of $150 million summarily dismissed, saying the application was “not a suitable vehicle” to determine factual issues including whether a $17 million remediation nullifies the class action’s claims. 

A former Bureau of Meteorology senior executive was unfairly fired after taking a business-class trip to Paris, a court has found in a case that shines a light on the practice by government agencies to get around remuneration limits on public servants.

A former Greenwoods & Herbert Smith Freehills partner who alleges he was sacked for complaining about Lendlease’s “aggressive taxation position” has lost a bid to argue before the High Court that his claims are covered by new whistleblower protections.

Car repair giant AMA Group has resolved its case against three former executives that sought to block them from poaching staff and customers for competing business Drive Group. 

The Greens have struck a deal with the Albanese government to legislate a right to disconnect, which could see employers fined if they make unreasonable contact with employees outside of work hours.