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An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.
A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.
The parties in a ‘sham’ contracting class action brought on behalf of telecommunications workers have both lost bids to recover interlocutory costs, with a judge noting that costs orders against funded litigants should be the exception rather than the rule in Fair Work litigation.
The workplace umpire has jurisdiction to hear a case against Qantas and its budget subsidiary Jetstar brought by the union for licenced aircraft maintenance engineers stood down during the coronavirus pandemic, a judge has ruled in a blow to the airline.
A judge has granted Qantas an injunction temporarily blocking the Fair Work Commission from hearing a case brought by the union for the airline's stood-down aircraft maintenance engineers, saying the issues raised in the case had potentially wide ramifications for all Australian businesses amid the COVID-19 pandemic.
Qantas employees who have been stood down due to the effects of the coronavirus pandemic are not entitled to access sick leave or compassionate leave, a court has ruled, with a union looking to appeal the decision.
Qantas breached the Fair Work Act by failing to pay personal carers leave and compassionate leave to employees stood down in response to the coronavirus pandemic, including one battling cancer and another awaiting triple bypass surgery, a court has heard.