Deliveroo's appeal against a finding that driver Diego Franco is an employee is set to be revived following today's High Court Jamsek and Personnel Contracting judgments that affirm that employment relationships are substantially defined by contractual terms.
Global fast food chain Nando's has told the FWC that it risked being left with a "confusing and cumbersome" pay structure for almost 2000 employees unless it succeeded in terminating a near-14-year-old deal with an "outdated" approach to penalty rates.
Employers have succeeded in winning a short delay to the introduction of a minimum wage guarantee in the horticulture award after a FWC bench accepted they needed time to revise their payroll systems and recruitment practices.
The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.
Patrick stevedores' application to terminate its enterprise agreement is set to be heard by the FWC next week, in a case with far-reaching implications for work arrangements on the waterfront.
Menulog appears to have suffered a self-inflicted wound in its quest to establish a gig economy beachhead within the existing IR framework, the FWC finding its workers fall under an award that pays more than the one it currently relies upon.
The FWC has waved away as "disingenuous" an employer's claim that it would be left with no employees if it offered award-level entitlements in a proposed deal, observing that various guarantees and undertakings are no substitute for the detail needed to properly conduct a BOOT assessment.
The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.
In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.
