News

Adding to the confusion about whether workers in the gig economy are employees or independent contractors, the Fair Work Commission (FWC) has determined that a delivery rider for Foodora Australia Pty Ltd (Foodora) who could delegate his responsibilities was in fact an employee for the purpose of making an unfair dismissal claim.

StarTrack Express Pty Limited (StarTrack), Australia’s largest parcel delivery service provider, successfully defended an unfair dismissal claim in the Fair Work Commission (FWC) because it was able to prove that the dismissal of an employee was not harsh, unjust or unreasonable.

The recent Fair Work Commission (Commission) decision in Tawanda Gadzikwa v Australian Government Department of Human Services [2018] FWC 4878 has confirmed that employers may reject an employee’s medical certificate if it is too vague to enable them to discharge their legal obligations following a long period of absence.

As part of the four year review of modern awards, the Full Bench of the Fair Work Commission (FWC) noted that approximately “one quarter of employees are not happy with their working arrangements but have not requested a change for various reasons, including that their work environment is openly hostile to flexibility”.

The Full Federal Court (FFC) in EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 has upheld a decision to fine an accounting firm that provided payroll assistance to its client, resulting in the underpayment of staff.