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Drivers not employees for super purposes: full court

Two veteran truck drivers held by the High Court to be contractors rather than employees have today lost a cross-appeal seeking to establish an entitlement to decades of superannuation on the basis that they fell within the wider meaning of employee in the Super Guarantee Act.




HR manager's responsibility change not a constructive dismissal: FWC

The FWC has found that a HR manager who quit after her employer changed her responsibilities was not forced to resign, noting that although she had to report to a different manager, "a change in a reporting line does not constitute constructive dismissal".


HR manager involved in breaches, not just a "conduit": Judge

A dumpling chain's HR manager was knowingly concerned in its Fair Work Act contraventions and "did not simply act as a conduit", the Federal Court has held in a liability judgment, finding she also instructed and trained a colleague in a payroll scam using both accurate and inaccurate records.


Bid to axe deal a "distraction" from bargaining: Apple

Apple and the SDA have told the FWC a RAFFWU bid to axe the tech giant's retail deal is premature and a distraction from bargaining, while the unregistered union maintains it should be expedited as workers are on "inferior conditions".


IR statutes prefer registered unions: SDA

Australian workplace laws have a "legislative preference" for registered unions to act as a "specific vehicle" for workers seeking to enforce their rights under industrial instruments, the Federal Court has heard.


Anti-bully order granted after "living in misery" taunt

The FWC has slapped anti-bullying orders on a gated community's body corporate and its treasurer who taunted on-site caretakers about their claim of "living in misery" over the Christmas period because of unpaid invoices.


Casuals not so easily "dispensed with": FWC

Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.


Compounding factors forced chemist to resign: FWC

The FWC has given the go-ahead to a scientist's adverse action case despite claims she "played" the employer by obtaining a reference stating she resigned for health reasons, before refusing to sign a release deed and initiating legal action.


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