A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.
The FWC's landmark ruling that a former Foodora rider was an employee is unlikely to have implications for other major gig economy platforms like Uber and Deliveroo, according to leading IR law academic Andrew Stewart.
In a landmark decision that will send tremors through the gig economy, the FWC has found that a former Foodora rider was an employee capable of being sacked, rather than an independent contractor as held by the delivery platform.
A senior FWC member has highlighted continuing difficulties faced by unrepresented applicants in distinguishing between the unfair dismissal and general protections jurisdictions, allowing a casual worker's claim to proceed despite him filing it a week late.
Labour hire company Spinifex Recruiting has again come under fire for its reliance on a "misnamed" temporary employment agreement, with an FWC full bench rejecting its argument that it did not dismiss a casual worker because its client merely exercised its discretion to terminate her assignment.
The FWC has held that a supervisor's demotion to a job "on the tools" with a 9% pay cut was in fact a dismissal, rejecting employer submissions that it was allowed under his contract or via a "notorious" unwritten term.
A tribunal member has strongly rebuked a legal firm for its "unprofessional" behaviour in missing a deadline to file material, lamenting that unlike golf tee times, FWC directions cannot be changed "at a whim".
Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.
A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.
The FWC has rebuffed a security worker's claim that his former employer misrepresented its headcount to deny him protection from unfair dismissal, pointing out that it is not the Commission's job to conduct a "fact-finding" mission into each individual's status.
