A Federal Court judge has promised today to rule swiftly on whether Qantas employees stood down due to the coronavirus pandemic can access paid personal (sick) leave, carers' leave and compassionate leave.
An FWC majority finding that an Uber delivery driver could not bring an unfair dismissal claim as she was an independent contractor highlights a need for legislative intervention to recognise that many gig workers are employees, says a leading employment law academic.
A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.
A full bench has again affirmed the FWC's ability to use undertakings to overcome concerns about how deals are explained ahead of a vote, rejecting a CFMMEU challenge to the redetermination of a controversial power industry deal.
The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.
A worker sacked over performance and conduct issues has failed to establish a connection with his mental disability or that his employer took adverse action on the basis of his bullying complaints.
The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.
A Jehovah's Witness's ineptitude and expectation he should be treated "deferentially" at work, rather than any religious discrimination, resulted in his dismissal from a labouring job after seven weeks, a court has found.
Academics have questioned a "curious" FWC full bench majority finding that a delivery driver worked for Uber and not for herself or any restaurant, but was not an employee of the gig economy giant.
