Published 12 February 2021 The Applicant was receiving JobKeeper payments of $750 per week which was approximately $475 more than his average weekly earnings before he began receiving JobKeeper. The respondent, a labour hire agency that provides ‘front of house’ staff in the hospitality industry, had written to its employees, including the Applicant, on multiple…
Category: Recent Cases
Employee’s right to inquire upheld
Published 4 February 2021 Crispe v Bank of Queensland Limited [2021] FCCA 115 In Crispe v Bank of Queensland Limited [2021] FCCA 115 the Federal Circuit Court heard on an interlocutory application to strike out portions of a Form 2 lodged by Mr Crispe (the Applicant). The Applicant had brought an unfair dismissal claim against…
Are Uber Eats delivery drivers employees or independent contractors?
Published 28 January 2021 Amita Gupta, an Uber Eats delivery driver, made an application to the Fair Work Commission for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (Cth) (FW Act), claiming that Uber Eats’ decision to suspend, and then permanently block her access to the partner app, which is used by…
Being a Small Business is no Excuse
Ignorance is bliss. However, when it comes to the law this is not so. Just because someone does not know the law does not discharge them of their liability for any breaches. This is so even for small business employers. Though small businesses are less likely to have the funds to employ or retain dedicated…
Anti-Bullying Orders are not an End
Published 14 April 2020 Recently the Fair Work Commission held that interim anti-bullying orders are not a means by which an employee can prevent their termination in unfair circumstances until the anti-bullying application has been determined. Under the Fair Work Act 2009 (Cth) (the FW Act), the Fair Work Commission (the FWC) is able to issue anti-bullying orders…
Toot Toot, Chugga Chugga, Big Fat Lie
Being a working parent, whether it is full-time, part-time or as a casual, can be hard. There is the juggling act between an employee’s duties to their employer and wanting to give their children every opportunity and experience before they are too old to not like them anymore. In the workplace there are still some…