A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.
The ripples from a recent decision upsetting the authority on outer limits contract workers pursuing unfair dismissal claims have reached another jurisdiction, with the WA IR Commission ordering the reinstatement of a septuagenarian school traffic warden who had been "taken advantage" of by the employer.
The legislative tension between state and federal union rules has been highlighted after a tribunal dismissed an expelled official's bid for reinstatement on the basis that it lacked the jurisdiction to give orders or directions to a national body.
A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.
The WA IRC has found a manager of an Australian-based company working overseas is entitled to pursue a contractual benefits claim, despite performing all but a fortnight of his two years in the job in Sweden.
The Spotless group has avoided paying an 11-week redundancy to a facilities manager it dismissed after nearly seven years, a tribunal finding that the split was an instance of "ordinary and customary turnover of labour".