An Uber driver's failure to convince the FWC that he is an employee is unlikely to deter other challenges according to an academic, while the case raises questions as to whether traditional legal tests can be applied to the gig economy.
The FWC has opened the way for an on-hire casual employee to challenge his dismissal, after rejecting a labour hire company's jurisdictional objection that he could have no reasonable expectation of continuing employment, or was engaged for a specified task which came to an end.
The FWC has acceded to a request to delay an unfair dismissal hearing for two AMWU delegates sacked by Visy Board for allegedly organising unlawful overtime bans, so that they don't prejudice their position in a parallel civil penalty prosecution the company has initiated against the union, an official and 69 employees.
Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.
A home-based sales representative has been compensated after the FWC found that he was sacked within a day of receiving a "manifestly unreasonable" ultimatum to pack up his life in Byron Bay and return to work in his employer's Sydney office.
The FWC has upheld the sacking of a group training company's trainer for falsifying his timesheets, but has upbraided the employer for failing to give the worker enough time to study the complex allegations against him.
The FWC has rejected a union branch's bid to recoup costs from an organiser who withdrew his unfair dismissal claim, noting he was told he'd be sacked if he didn't resign after informing the secretary's husband he wouldn't be voting for him in an internal Labor election.
A Rio Tinto employee has been reinstated after the FWC highlighted starkly different recommendations in investigations conducted by its HR and safety experts.
The FWC has upheld a building company's sacking of a safety officer who insisted his job was limited to an advisory capacity despite repeated warnings that he was to rigorously enforce safety across sites.
The FWC has reinstated a public bus driver dismissed after a road rage incident in which a vehicle was damaged and punches thrown, the commissioner observing that while the employee-employer relationship was "bruised", it was not beyond repair.
