Gig worker held to be an employee
In an important recent ruling, a single Commissioner of the Fair Work Commission has found that a delivery rider engaged by Deliveroo was an employee in an unfair dismissal brought by the former delivery rider (Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818). Mr […]
Dismissal for refusing to vaccinate not unfair
The Fair Work Commission has ruled that an employee’s dismissal for refusing an influenza vaccination was lawful, in a case that may have significant implications in view of the COVID-19 vaccination roll-out. In Ms Bou-Jamie Barber v Goodstart Early Learning [2021] FWC 2156, the employee was dismissed by […]
Casual employment changes pass Parliament
In December 2020, the Morrison Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Omnibus Bill) to Parliament, containing a range of amendments to the Fair Work Act 2009, including defining casual employment; anti-double dipping provisions for casuals subsequently claiming paid leave; extending the JobKeeper flexibilities in […]
Labour Hire Licensing Breaches – a timely reminder
In a timely reminder for businesses reliant on labour hire providers, a decision out of Queensland confirms the need to be prudent in business dealings and take all steps to ensure that those providers required to be registered and licensed comply with their legal obligations. Queensland […]
Warning for employers – proposed end to ‘zombie’ collective/enterprise agreements
In December 2020, the Morrison Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Omnibus Bill) to Parliament. The Omnibus Bill proposes to introduce a sunset deadline into the Fair Work Act 2009 (Cth) (Act), terminating all pre-2009 collective/enterprise agreements by 1 July 2022. Parliament has not […]
Vaccination Related Dismissal
The recent Fair Work Commission case of Glover v Ozcare [2021] FWC 231 serves as an important reminder to employers that it is their actions – and not always their intent – which determine whether an employee has been dismissed, after it was found that an […]
