A worker has failed to prove he was entitled to employee benefits for the seven years he performed duties for an organisation, after the Federal Circuit Court found the parties' arrangements indicated he was a contractor.
Setting up a rival company 'clearly destroyed' the confidence required in an employment relationship, the Fair Work Commission has found in upholding a summary dismissal.
The Fair Work Commission's past approach to determining whether a worker is an employee or contractor is "no longer good law", a deputy president has said in rejecting an unfair dismissal claim.
With high numbers of employees now indicating a willingness to leave their organisation, it's never been more important to ensure post-employment protections are in order. Get on the front foot by watching this HR Daily Premium webcast.
Unions are now targeting paid breaks in court actions, and employers are at risk of overlooking this area of compliance, says former Fair Work Ombudsman Natalie James.
It was "impossible to conclude" that a worker was a contractor rather than an employee, the High Court has found in one of two rulings with important ramifications for all employers.
Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.
A general manager's "sense of entitlement" regarding his former employer's confidential files and intellectual property was "completely at odds" with his legal obligations, a court has ruled.
The Fair Work Commission has declined to block five employers from disciplining employees who refuse to get the COVID-19 vaccination, after finding they could suffer "irrecoverable" financial detriment by retaining them.
A manager treated his common law duties to his employer with contempt, embroiling subordinates and third parties in his "brazen" misappropriation of stock and money, a court has ruled.
The laws around engaging casual and contract workers have changed drastically this year. Understand how this affects your organisation by attending this HR Daily webinar.
From August, employees will have a legislated right to disconnect from work. Understand what this means for your organisation by watching this HR Daily Premium webcast.
