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Little room for "entrepreneurship" makes worker an employee: FWC

In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.

Direct sacked workers away from paid agents: Law firm

The law firm whose advocacy helped spur the FWC to consider regulating paid agents has called for improved "referral pathways" that steer workers contesting their dismissals towards pro bono clearing houses, Legal Aid and the community legal sector.

"Threshold" settlements should be beyond paid agents: Employer

An experienced former employer-clientele lawyer turned HR manager has suggested that one way of discouraging paid agents from pursuing "unwinnable" cases is to introduce a "threshold" settlement amount below which they cannot charge clients for their services.

Look to SA model for paid agent regulation: WA IRC registrar

The FWC should look to the South Australian paid agent model because its registration criteria and disciplinary powers for code of conduct breaches are superior to the Western Australian system, the WA IRC's registrar says in a submission to the FWC's consultation on options to rein in "challenging paid agent conduct".

$8K to worker sacked for getting "demonic" COVID-19 jab

A Newcastle-based church unfairly summarily dismissed a worker when it took the view that no-one vaccinated against COVID-19 could work for it because it viewed the inoculation as "the world's largest ever untested medical experiment", and retrospectively applied the policy to the worker without warning.


IR agent's representation to be determined en masse

The FWC bench appointed to scrutinise a paid agent's future involvement in adverse action and unfair dismissal cases has asked a first tranche of 46 applicants to explain why they need to be represented by a firm recently described as having engaged in "unethical" practices.

High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.