The recent FWC Full Bench decision in Creative Every Day Pty Ltd t/as Sameway Magazine v Ms Yin Fun Leung1 on 9 August 2019, confirmed the Commission’s powers to amend unfair dismissal applications and award costs on its own motion, without any application by any party. The decision confirms FWC’s … Read more about FWC’s powers to amend applications and award costs (on its own motion), confirmed
Casualization of the workforce
A recent article reported in the Age (1 May 2019 written by Madeleine Heffernan), showed how prevalent casual and fixed term employment is in the Tertiary Sector. … Read more about Casualization of the workforce
Are our anti-bullying laws for our workplaces working?
Schools across the nation are being urged by the Federal Government to sign up to the National Day of Action against Bullying and Violence (NDA) on 15 March 2019. This is an important initiative for our future generation to become involved in stamping out bullying at our schools and in our … Read more about Are our anti-bullying laws for our workplaces working?
UK Superior Court knocks back Uber independent contractor model
A UK Superior Court knocks back the Uber independent contractor model ( pending any further appeal by Uber). The decision affirmed an earlier Tribunal finding that Uber drivers were workers. The decision comes just over a month after the Fair Work Commission found a Foodora driver an employee. Is … Read more about UK Superior Court knocks back Uber independent contractor model
Not really an independent contractor…
Foodora employee, Mr Klooger, was found last week by the Fair Work Commission to be an employee and not a contractor despite sub-contracting his work to other food delivery workers (Mr Klooger v Foodora Australia Pty Ltd).1 Mr Klooger was engaged as a delivery worker for Foodora when his services … Read more about Not really an independent contractor…
Is my position redundant if my employer changes my role and offers me a different “same paying” role?
Often employees enquire about whether their position is redundant when their employer changes their role. The basic amount of redundancy pay that an employee is entitled to is set out in the Fair Work Act 2009 (Cth).¹ Depending on whether an enterprise agreement applies to them, or the terms of … Read more about Is my position redundant if my employer changes my role and offers me a different “same paying” role?
Should I record my employer at a meeting?
Should I record my employer at a meeting? Workers facing disciplinary action might be tempted to tape record their employer at a meeting to properly record the events of the meeting. They might also distrust their employer’s record of the meeting, or simply, they did not have enough time to … Read more about Should I record my employer at a meeting?
When is my Complaint a protected complaint
When is my Complaint a protected complaint? Author: Mark Comito Published : 5 September 2018 In Fatouros v Broadreach Services Pty Ltd [2018] FCCA 769, the Court applied a broad interpretation of what constitutes "a complaint or enquiry in relation to employment" for the purposes of a … Read more about When is my Complaint a protected complaint