Uber has repelled another attempt to establish that it is an employer, despite the FWC finding that a driver's relationship with the ride-sharing business was of "some magnitude".
In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.
In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.
An FWC full bench has reserved its decision in a case that looms as a significant test of what constitutes a new activity for the purposes of making a greenfields agreement.
The IEU is recommending NSW and ACT Catholic school teachers and support workers vote "yes" to a revised deal breaking an extended deadlock over guaranteed access to FWC arbitration, while employers have committed to making a second back-payment to the start of the year.
Two Esso Australia union delegates have failed to convince the FWC that their summary dismissals for isolating and abusing workers who accepted lower-paying contracts were unfair or in breach of the company's disciplinary policy.
Aerocare's 2500 workers today began voting on a new offer by the aviation ground-handler that seeks to cut through a thicket of litigation and hurdle strong opposition from the TWU and ASU.
A majority shareholder who "worked very hard" as company secretary of a start-up for more than two years before her board chairman husband informed her she was being removed was not protected from unfair dismissal, the FWC has found.
A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.
The FWC has upheld the sacking of a long-serving handyman for serious misconduct that included continually touching a young receptionist, finding it was "understandable" given their age difference that she did not feel able to tell him to stop.
