A FWC member wrongly concluded that he lacked the power to hear the case of a university employee sacked for refusing to comply with COVID-19 vaccination directions, a full bench has found.
The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.
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.
A workplace tribunal member has philosophised about the sun and moon in considering whether to extend time for an unfair dismissal claim filed three days late.
An AGL worker who refused to provide proof of being vaccinated against COVID-19 has won a time extension to contest her dismissal after the FWC accepted her application was delayed when the Commission redirected its mail from Perth to Melbourne.
A FWC decision rejecting an Uber driver's claim he was an employee but observing his relationship with the company could operate unfairly will strengthen calls for the Albanese Labor Government to move quickly to boost gig workers' rights, an IR academic says.
