The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.
A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.
A small coach company that voluntarily repaid two drivers almost $44,000 after admitting underpaying them has been penalised a total of $168,300, despite a judge finding the breaches were a result of "clumsiness and inadvertence" rather than deliberate.
The union advising Shine Lawyers on a $1 billion bid to recoup wages and entitlements for 4000 telecommunications workers allegedly misclassified as sub-contractors says the class action could finally answer a question historically avoided via settlement.
The FWC's landmark ruling that a former Foodora rider was an employee is unlikely to have implications for other major gig economy platforms like Uber and Deliveroo, according to leading IR law academic Andrew Stewart.
A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.