A cleaning company that shamelessly exploited a vulnerable workforce made "inept attempts” to avoid the legal consequences when it claimed its employees were independent contractors, the Federal Court has found.
In a novel ruling, an FWC full bench has ruled that an on-hire worker no longer had the capacity to perform his job once a labour hire provider acceded to a host employer's demand to end his placement.
An employer that required a manager to work up to 70 hours a week and be on call 24-hours-a-day when it cut its workforce and outsourced maintenance breached its duty of care to prevent him from developing a psychiatric injury, Victoria's Supreme Court has found.
The Fair Work Commission has emphasised that employers conducting drug tests are not complying with best practice if their managers take samples from employees they directly manage.
The FWC has dismissed a bid for anti-bullying orders because the alleged instances of bullying flowed from the employee's actions and the employer's directions in response were lawful and reasonable.
The Fair Work Commission has granted an interim order to stop DP World from requiring its stevedores at the Port of Melbourne to take on the new task of mooring and un-mooring ships.
The FWC has praised an organisation's handling of unfounded bullying allegations but has recommended that employers engage independent third parties to conduct investigations when employees "vigorously assert" that internal reviews will be compromised.
An FWC full bench majority has upheld a decision to refuse a CFMEU organiser an entry permit while noting that the union failed to take up an opportunity to propose conditions.
