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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.


Brief Queensland stint triggered LSL payday

The High Court has refused leave to appeal a finding that an international IT company must pay long service leave to an employee who worked the bulk of his 10-year tenure in India, a few years in Victoria, but qualified under Queensland's more flexible LSL laws as he transferred in time to serve out part of his post-resignation notice period.


Umpire backs suspension of teacher facing criminal charges

A tribunal has backed a teacher's suspension without pay while he defends charges of stalking, intimidation, harassment or abuse, given he declined to spell out the circumstances while he is exercising his right to silence in a criminal case.


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.


On-hire worker smoked by host's self-tests

Workpac must compensate a mineworker cleared for THC when he used his host-employer's self-testing kits after self-medicating with a joint, but who returned mixed results at the workplace.


14% rise for NSW firefighters

NSW firefighters have won a 14% pay rise over three years, with over-inflation increases to compensate for wages going backwards during the pandemic, and a 3% component to address undervalued skills.


Uber driver's "stand by" time doesn't count: FWC

The FWC has ruled that an Uber driver's "stand by" time doesn't count when determining whether he had worked "on a regular basis", but he can still pursue his unfair deactivation claim because he worked more than three days a week.


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.


FWC to forge on with LSL dispute

A FWC presidential member has declined to grant an employer's request to delay consideration of its appeal against an unfavourable long service leave ruling while it awaits the result of a related Federal Court case, taking a dim view of its attempt to move forums "midstream".


Qantas case shows "fundamentally broken" IR system: Expert

A labour law academic says there is a need to ask how Australia's IR system is so "fundamentally broken" that it incentivises the conduct evident in Qantas's decision to unlawfully outsource jobs to avoid bargaining, in circumstances where the record $90 million fine imposed yesterday will barely dent its resultant annual savings.


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