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In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.
A Federal Court judge has slammed a stockbroker founder's "outrageous" behaviour in the course of dismissing a damages claim against two former employees who enticed clients to a rival, while separately finding that he unlawfully deducted almost $50,000 from one advisor's pay to cover travel and entertaining costs.
A recruitment company leader seeking to challenge the restraints in his employment contract and a shareholder agreement has been allowed to continue the case in NSW, after related entities in Great Britain failed to convince the Federal Court to stay the matter because of an exclusive jurisdiction clause.
Early case law in the new unfair termination jurisdiction for transport workers will determine the interpretation of the $175,000 income limit for applicants, according to FWC president Adam Hatcher, who confirmed the Commission had been consulted "in advance" of it being set and pointed out potential pitfalls.
The Australian Industry Group is urging the FWC to take a "cautious approach" to the TWU's employee-like and road transport minimum standards test cases and meaningfully engage with industry to avoid the "mistakes" of past road transport regulatory regimes and seeks to limit the involvement of the Road Transport Advisory Group.
An account manager who helped to lure 45 clients to a rival has been ordered to pay $500,000 to his former employer, after a judge highlighted the difficulty of gathering evidence in a case in which one of the manager's mobile phones surfaced after being "immersed in water" and another "met with the unhappy fate of being run over by a lawn mower".
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