July 21

The Uber Driver Model – Rooster or Duck?

A key principle of Australian employment law is that issues of substance are given more recognition than issues of form. As Justice Gray famously stated “parties cannot create something which has every feature of a rooster, but call it a duck and insist that everybody else recognise it as a duck“. In other words, a […]

July 20

Falsified medical certificate “accidently attached” to sick leave application was a valid reason for dismissal

Falsified medical certificate “accidently attached” to sick leave application was a valid reason for dismissal

Published 20 July 2017 In a recent case, Bluzer v Monash University [2017] FWC 2536, the Fair Work Commission (FWC) found Monash University (Monash) was justified in dismissing an employee after expressing concerns over the validity of a medical certificate. Ms Bluzer attended a dental appointment whilst on annual leave in Bali from 11-15 February […]