In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.
The FWO must pay half the legal costs of a Norwegian shipping company accused of short-changing 60 crew, the Federal Court chastising the watchdog for "doggedly" pushing to hold it liable even though it already repaid them, fully cooperated and could not have known of the contraventions.
An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.
The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.
A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.
A major civil construction company has successfully toppled an FWC full bench finding that its proposed agreement unlawfully allowed workers to be covered by future deals ahead of its nominal expiry date.