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Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.

Fortescue, Atlassian push for share scheme changes

The major iron miner Fortescue Metals has called for the income tax exemption ceiling for employee share schemes to be lifted from $1000 to $5000, arguing the cap is too low to provide a "meaningful incentive".

Director counted-in as dismissal case waved through

The FWC has allowed a worker to proceed with her unfair dismissal case after it found that counting the employer's director and company secretary lifted numbers above the 15-employee threshold that excludes small businesses.

Stand-down burden fell unfairly on single team member

In a decision reinforcing the need for pandemic-affected employers to spread the burden fairly, the FWC has found that a multi-billion-dollar business should have reduced hours across a head office team instead of standing down one of its members for an indefinite period.

Senior tribunal member rejects ex-lawyer's "blatant bias" claim

A senior FWC member has declined to recuse himself from hearing an unfair dismissal case brought by a disbarred lawyer who accused him of "blatant bias" and having a "sweet little racket" bullying unrepresented workers.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.

"Overloaded" Virgin manager seeking $250,000 compensation

An account manager who is suing Virgin Australia for alleged pregnancy discrimination and adverse action says it imposed an excessive workload when she returned from her first period of parental leave and made her redundant during her second.

Bench finds JobKeeper direction unreasonable

In a decision highlighting the need for JobKeeper-enabling directions to be reasonable, an FWC full bench has quashed a finding that Prosegur rightly required full-time, part-time and casual armoured vehicle operators to work a minimum 25 hours a week.

Union coerced employer to make enterprise deal: Court

The CFMMEU and one of its officials organised unlawful industrial action by 16 building workers to coerce a construction subcontractor to make an agreement for a stadium construction project, the Federal Court has ruled

Tribunal orders A-G's to make FEG retrenchment payment

The AAT has overruled the Attorney-General's Department's refusal to make a FEG redundancy payment to a worker who claims she stayed on at the administrator's request to help with winding-down a failed company, but then had her retrenchment payout denied when employee numbers fell from 60 to below the eligibility threshold of 15.