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Inquiry backs FWC delay, but rejects "positive duty" call

A Coalition-dominated Senate inquiry has backed the FWC's request to delay implementing proposed extensions to its anti-sexual-harassment jurisdiction, but declined to support Sex Discrimination Commissioner Kate Jenkins' call to include her "positive duty" recommendation in the Morrison Government's Respect at Work legislation.

Indemnity costs against worker who made "meritless" claim

The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.

High Court's Rossato decision rewrites the rules: Experts

IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.

Listed company's $5m adverse action payout quashed

A full Federal Court has quashed a software company's $5.2 million general protections payout and ordered a retrial after finding that the judge in awarding record compensation to the former Victorian state manager failed to provide adequate reasons in his 350-page decision.

Union cautions over employer's mandatory vax requirement

The AMWU has objected to what fruit and vegetable processor SPC today described as the country's first mandatory COVID-19 vaccination policy for its workforce, leaving the door open to possible legal action.

Employers effusive after High Court's black letter ruling

Employers once said to be facing up to $38 billion in casuals' backpay claims have welcomed today's High Court confirmation that contracts are decisive in determining employment types, while workers' representatives have come out swinging.


Stand down compensation after "more valuable" workers favoured

In a decision highlighting the challenges facing employers attempting to manage stand-downs during the pandemic, the FWC has ordered a global aviation ground services company to compensate a part-time worker after favouring more valued employees.

Graduate's voluntary work at legal firm not employment: FWC

In a decision stressing the importance of distinguishing between internships, work experience and clerkships at law firms, a FWC senior member has rejected a recent graduate's unfair dismissal claim on the basis he was not an employee.

UK Labour's single "worker" category to capture gig economy

The UK Labour party has promised to replace the country's three existing employment classifications with a single category of "worker" for all but the "genuinely self-employed" if it takes power at the 2024 election.