In a significant decision on the employment status of gig workers, a FWC full bench has quashed a ruling that Deliveroo delivery rider Diego Franco was an employee entitled to protection from unfair dismissal.
In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.
The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.
A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.
The FWC has ordered an ASX-listed company to compensate a casual sacked for falsifying timesheets and failing to take proper breaks, finding his request to convert to permanency prompted the audit that uncovered his breaches.
In a case involving one lawyer accusing another of being "either breathtakingly stupid or complicit in the ongoing fraud", a Federal Court judge has today refused to throw out an adverse action case brought by a storeperson sacked for refusing to wear a mask.
The FWC in upholding the sacking of a worker who ran late every day for nearly four years and kept failing to use its bundy system has also identified her fake vaccination certificate and recommended referring her alleged offence to authorities.
The FWC has backed the dismissal of a medically unfit warehouse worker no longer able to fulfil the inherent requirements of his role, finding his employer had no obligation to engage with a private eye he hired to conduct a workplace investigation on his behalf.
A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.
A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.
