In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.
A European expatriate who regularly swore at his Australian subordinates in an apparent attempt to spur them to achieve work standards expected in his homeland has lost his adverse action case against his former employer, after a court ruled his behaviour warranted summary dismissal.
The FSU is backing the requests from 20 CBA workers seeking to extend the life of their zombie AWAs in the wake of a recent full bench finding that one of their colleagues would lose $17,000 in long service leave pay if she reverted to the bank's 2020 agreement.
The ACTU is calling for a boost to casuals' loading, leave entitlements and roster stability, plus the scrapping of individual flexibility agreements, in a submission to the FWC's job security modern awards review, while the ASU and FAAA are seeking an overhaul of airline cabin crew and ground staff awards.
Workplace Relations Minister Tony Burke intends to amend the Closing Loopholes No 2 legislation so that "employee-like" workers in the gig economy and in road transport cannot "double-dip" in the federal and state IR systems.
A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.
A FWC full bench has extended a CBA worker's AWA because reverting to the enterprise agreement would reduce her long service leave pay by more than $17,000, but it refused the bank's request to keep the details of the individual contract confidential.
A leading IR lawyer says the Albanese Government's third tranche casuals provisions are a win for employers as they will provide "considerable certainty", but he predicts an ambiguous independent contracting test will produce "windfall gains and windfall losses".
The FWC has reinforced its view that zombie agreements should not be extended "merely" because the parties are in harmony, observing that nothing is stopping a charity funded by Australia's orchestras from negotiating a new deal with its valued finance manager.
An employer has failed to convince the FWC that a casual 'fragrance brand ambassador' had not yet become an employee when it "withdrew" the role before her first shift.
