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Rossato ruling puts FWC on hold over gig economy appeal

The High Court's Rossato judgment is already having a knock-on effect, with a FWC full bench questioning its effect on Deliveroo's appeal of a finding that a rider was an employee and proposing not to determine it until the High Court decides two more cases.

Inquiry backs FWC delay, but rejects "positive duty" call

A Coalition-dominated Senate inquiry has backed the FWC's request to delay implementing proposed extensions to its anti-sexual-harassment jurisdiction, but declined to support Sex Discrimination Commissioner Kate Jenkins' call to include her "positive duty" recommendation in the Morrison Government's Respect at Work legislation.

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.

Entry permit suspended for CFMMEU's Harkins

Apologies and claims that he conducted himself "out of character" have not spared a union official having his entry permit suspended over a confrontation in which he told a site foreman he did "give a f--k" what happened because he was near the end of his career.

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.

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.


Stand down compensation after "more valuable" workers favoured

In a decision highlighting the challenges facing employers attempting to manage stand-downs during the pandemic, the FWC has ordered a global aviation ground services company to compensate a part-time worker after favouring more valued employees.

Graduate's voluntary work at legal firm not employment: FWC

In a decision stressing the importance of distinguishing between internships, work experience and clerkships at law firms, a FWC senior member has rejected a recent graduate's unfair dismissal claim on the basis he was not an employee.