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 FWO has dropped its case against Foodora over alleged sham contracts, bringing to a premature close what was anticipated to be a significant test of the gig economy's employment relationships in Australia.
The voluntary administrators of food delivery business Foodora Australia Pty Ltd say the process will give the company "essential breathing space", which includes a statutory stay on landmark legal proceedings testing whether its riders are employees or contractors.
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.
A class action alleging sham contracting against a major marketing agency will proceed after a court dismissed arguments that it was impossible to rule on the employment status of more than 1000 claimants without examining their individual circumstances.
An Uber driver's failure to convince the FWC that he is an employee is unlikely to deter other challenges according to an academic, while the case raises questions as to whether traditional legal tests can be applied to the gig economy.
A security company must provide United Voice with internal correspondence about its practice of engaging contractors and employees, as the union pursues it for allegedly employing two embassy guards on sham contracts and sacking them when they refused to waive legal rights.