A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.
A small coach company that voluntarily repaid two drivers almost $44,000 after admitting underpaying them has been penalised a total of $168,300, despite a judge finding the breaches were a result of "clumsiness and inadvertence" rather than deliberate.
The union advising Shine Lawyers on a $1 billion bid to recoup wages and entitlements for 4000 telecommunications workers allegedly misclassified as sub-contractors says the class action could finally answer a question historically avoided via settlement.
The FWC's landmark ruling that a former Foodora rider was an employee is unlikely to have implications for other major gig economy platforms like Uber and Deliveroo, according to leading IR law academic Andrew Stewart.
A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.
The FWO has dropped its case against Foodora over alleged sham contracts, bringing to a premature close what was anticipated to be a significant test of the gig economy's employment relationships in Australia.
The voluntary administrators of food delivery business Foodora Australia Pty Ltd say the process will give the company "essential breathing space", which includes a statutory stay on landmark legal proceedings testing whether its riders are employees or contractors.