A council security guard ruled to have been fairly dismissed may have achieved a different outcome if he had been allowed legal representation, an FWC bench has found.
A fortnight after deciding not to take compliance action against Uber, the FWO has dropped its Federal Court action against Foodora on the basis it would be "highly unlikely" to garner additional payments for its former workforce or penalties against the company.
Uber's business model in Australia has survived another round of regulatory scrutiny, the FWO deciding not to take compliance action after determining that its drivers are not employees.
Former Fair Work Ombudsman Natalie James has warned of IR specialists kept in cupboards, time bombs for HR managers and nightmare scenarios caused by "fundamental misunderstandings", in a speech to an Ai Group forum.
The Fair Work Ombudsman has foreshadowed a tougher approach to compliance and enforcement in 2019/20, with underpayment of workers in fast food, restaurants and cafes leading its priorities.
Fifty retrenched employees are suing of one of the world's largest defence contractors for alleged underpayment of leave and redundancy entitlements expected to exceed $1 million, with some veteran workers arguing that AWA transitional instruments continue to apply.
Employers with workers on annualised salaries have only to pay superannuation on standard hours at ordinary rates of pay, a full Federal Court led by Chief Justice James Allsop has ruled.
The FWO has launched a test case against the operator of a pop-up toy store, seeking to reverse the onus of proof for underpayments and rely for the first time on serious contraventions provisions that potentially expose the company and its director to 10 times the ordinary maximum penalties.
