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Reinstatement for worker made an "example"

The FWC has redrawn an employer's "line in the sand" over the use of mobile phones while driving forklifts, ordering it to reinstate and compensate a worker after concluding he was harshly sacked for a first safety policy breach.

Tribunal opts not to side-step Uber employment question

A senior FWC member has decided to forge ahead and determine whether a "deactivated" Uber driver is an employee, rejecting a bid to stay his unfair dismissal claim until the Federal Court tackles the question in a case he is pursuing with the Rideshare Driver Network.


Bartender assaulted by manager awarded $150,000

A tribunal has ordered a restaurant manager accused of drugging and raping a bartender to pay aggravated and other damages of $150,000, after leaving the vulnerable international student too traumatised to keep working in the hospitality sector.

Indemnity costs against worker who made "meritless" claim

The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.

High Court's Rossato decision rewrites the rules: Experts

IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.

Listed company's $5m adverse action payout quashed

A full Federal Court has quashed a software company's $5.2 million general protections payout and ordered a retrial after finding that the judge in awarding record compensation to the former Victorian state manager failed to provide adequate reasons in his 350-page decision.

Union cautions over employer's mandatory vax requirement

The AMWU has objected to what fruit and vegetable processor SPC today described as the country's first mandatory COVID-19 vaccination policy for its workforce, leaving the door open to possible legal action.

ROC turns up heat on peak restaurant body

An employer organisation that bllls itself as the "voice" of the hospitality industry is being investigated for potential member registration breaches.

Employers effusive after High Court's black letter ruling

Employers once said to be facing up to $38 billion in casuals' backpay claims have welcomed today's High Court confirmation that contracts are decisive in determining employment types, while workers' representatives have come out swinging.