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 Full Federal Court erred in the landmark Skene decision on casual employees by taking account of "post-contractual conduct" such as rosters, according to the labour hire company involved in the case.
Uber has warned a Victorian on-demand workforce inquiry against "isolated state-based intervention into workplace laws", while calling for a "holistic" national approach that would allow it to better support drivers without them being deemed employees.
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.
The article published earlier this afternoon on a FWC full bench overturning a decision to strike out an unfair dismissal claim has been corrected, after identifying the wrong member as having made the initial ruling.