Browsing: Jurisdictional issues | Page 3 (451 items)


FWC applies "liberal" lens to Uber driver's work pattern

An Uber driver who varied his schedule slightly but worked every weekend until he filed his unfair deactivation claim clearly demonstrated "some form of repetitive pattern" and performed work "on a regular basis", the FWC has ruled.


Late filing allowed after "confusing" Amazon deactivation

An Amazon Flex driver's late bid to challenge his deactivation for entering a home can proceed after a FWC full bench weighed the gig company's "confusing and ambiguous" communications and the driver's personal circumstances that included suicidal ideation and a sick wife.


FWC bins "hopeless" ChatGPT application

In a case highlighting the "obvious danger" of relying on artificial intelligence for legal advice, the FWC has refused to extend time for a "hopeless" 900-day late dismissal challenge written by and filed on the suggestion of ChatGPT.


Gendered "microaggressions" did not force resignation: FWC

A former Matildas star and Olympian was not forced to resign from her job at a remote gas facility because of alleged "microaggressions" that included being assigned "non-complex work" and persistent references to "fellas" and "gents", the FWC has found.


Judge ejects from full bench after Saudi objection

Saudi Arabia's Australian cultural mission has succeeded in sidelining a Federal Court judge from sitting on a full bench that is reviewing whether it is protected by diplomatic immunity from underpayment claims brought by 45 former employees.


FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.


Control key to finding s-x worker an employee: FWC

The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.


Transpacific games tester an employee: FWC

A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.


"Inane" Uber communications don't excuse lateness: FWC

Uber's "farcical", "inane" and "mind-numbing" response to a driver's attempt to challenge it booting him off the platform for alleged misconduct did not satisfactorily explain why he filed his unfair deactivation application 12 days' late, the FWC has found.


Assuming abandonment reasonable: FWC

An employer remained in the dark about the extent of a worker's acute mental health crisis after she attempted to take her own life, and reasonably concluded that she had abandoned her employment, the Fair Work Commission has found.


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