A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.
A cleaner who invoiced as both a sole trader and a company but claims he was an employee is pursuing Woolworths and three contracting businesses for more than $300,000 in underpaid wages and unpaid overtime, annual leave and superannuation he says he should have been paid between 2004 and 2015.
After a national employer body suggested its industry's "blokey" culture means workers are unlikely to admit they are domestic violence victims, "let alone [seek] FDV leave under an award", the FWC yesterday set a September 1 deadline for submissions on whether modern awards should provide unpaid leave, ahead of hearings in October.
An FWC full bench has reserved its decision on an SDA application to include paid blood donor leave in five awards, after employers argued the entitlement has no place in the modern awards system and should be left for enterprise bargaining.
United Voice has launched Federal Court action against security giant Wilson, accusing it of unlawfully allocating overtime payments to Sundays in a bid to avoid paying correct penalty rates to security guards.
While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.