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Court reinforces that contract is now king

In a case applying the High Court's new guidelines on contractors, a judge has rejected a worker's bid for leave, super and redundancy payments after finding he was not an employee despite averaging 38 hours a week over eight years for a solitary employer.

Familiar hurdles in place for women in gig economy: Report

Women are half as likely as men to engage in digital platform work and earn between 10% and 37% less when they do so, according to a Victorian Government-commissioned report that will inform State-based standards for the gig economy.

"Defective" NERR basis for scope orders: FWC bench

In a decision closely examining the FWC's powers to make scope orders, a full bench majority has found that an employer's failure to spell out classifications for a proposed agreement rendered the process "defective".

FWC reinstates Qantas trainer accused of staring at breasts

The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.

Compensation denied after post-sacking threat

A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.

Tribunal makes second substantive anti-harassment ruling

In what appears to be its second substantive ruling in its new anti-sexual-harassment jurisdiction, the FWC has found that a supervisor sexually harassed a casual chef when he badgered her to have sex with him, but has thrown out the case because the victim is no longer with the employer.

Vax mandate attached new "regulatory requirement" to job: FWC

In a thinly-veiled shot at a tribunal colleague who used her position to criticise vaccine mandates, a senior FWC member has emphasised that it is not for the Commission to undermine the law by entertaining parties' "alternative policy preferences".

Lawyer entitled to "fruits of victory": Court

The Federal Court has rejected a law firm's attempt to stay payment of compensation awarded to a junior solicitor, the judge finding he is "entitled to the fruits of his victory" while the judgment is appealed.

Reinstatement for FIFO worker unable to make COVID-19 relocation

The FWC has given an energy company until tomorrow to reinstate a Queensland-based FIFO worker who proved unable to return to WA in time for his roster at the Montara offshore oilfield during the McGowan Government's rapidly-changing COVID-19 restrictions.

Partner's "crisis" sufficient reason for late claim: FWC

Building on previous decisions taking a worker's mental health into account when allowing late unfair dismissal applications to proceed, the FWC has granted a time extension to a seed picker ensnared in her partner's breakdown.