Professionals Australia is running a test case on behalf of a software engineer who is suing IBM for more than $100,000 in leave entitlements he claims to be owed due to a decade's misclassification as a contractor before being engaged on a permanent full-time basis in 2010.
The High Court has this morning granted the ABCC special leave to appeal a full Federal Court finding that the CFMMEU's recidivism should not be factored into penalty calculations.
The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.
The ANMF has filed a work value application seeking a 25% increase for nurses, nursing assistants and personal care workers in residential and home-based aged care after the FWC refused to delay the HSU's work value case to provide more time for collaboration.
In a case affirming that the onus of proof lies with the accuser in harassment cases, a court has thrown out a mechanic's claim seeking $160,000 compensation after finding insufficient evidence that his alleged employer was responsible for sending lewd and suggestive texts.
Deliveroo says it won't accept a FWC finding that a sacked rider was an employee entitled to protection from unfair dismissal or that it reflects how riders work in practice, but the TWU says the ruling puts Australia in line with other countries that recognise gig workers' rights.
The FWC has in finding a Deliveroo rider was an employee who must be reinstated criticised the platform for a "callous and perfunctory" dismissal "most notable for its absence of compassion".
The FWC has rejected a leading seafood producer's attempt to introduce a "novel" employment category that would place employees on a full-time roster with 5% loading to compensate for the loss of up to eight hours' work at short notice.
Leading IR lawyer Steven Amendola says a response is needed to last week's call by a full Federal Court for a better system to handle litigants with "serious mental health problems".
An FWC full bench has quashed the decisions of a presidential member who refused to recuse himself before finding Regional Express executives bullied an engineer, holding he mistook legal principles and engaged in "entirely unjustified and inappropriate criticism".
