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.
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.
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.
The High Court has today unanimously upheld labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual on consecutive contracts for almost four years.
The FWC has blocked a large employer's bid to move workers on to higher-paid staff roles as part of a restructure, telling the company the decision will "increase [its] cost benefits".
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.
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.
The UK Labour party has promised to replace the country's three existing employment classifications with a single category of "worker" for all but the "genuinely self-employed" if it takes power at the 2024 election.
The FWC has issued anti-bullying orders in a decision that highlights the workplace tensions that build from employees conducting business on their phones.
