Welcome to FY21/22! While it may be that the Omnibus Bill was pretty much totally scrapped (except for the changes to casual employment), there are a myriad of changes that have either already happened or are about to happen as a result of continuing processes before the Fair Work Commission (FWC). In this update, we … Read more
Michael Cochrane shares his continued analysis and insights on trends in the ‘gig economy’ and the latest instalment in what has been a string of ‘gig economy’ rulings in recent times. Yesterday, a Full Bench of the Fair Work Commission unanimously held that an Uber Eats delivery driver (Ms Gupta) was not an employee (Amita … Read more
A recent unfair dismissal decision of the Fair Work Commission highlights that it is never enough to merely establish that an employer had a reasonable belief that a performance-based termination was for a “valid reason”. Rather, the Commission still needs to make a finding on the balance of probabilities that the performance was, in fact, … Read more
Late last month an Uber driver was unable to convince the FWC that he was an employee for the purposes of unfair dismissal protection. DP Gostencnik categorically rejected the applicant’s argument that a recent 2016 UK Employment Tribunal case which found an Uber driver was a “worker” should be applied in Australia noting that the legislation … Read more
