Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

Deliveroo rider not an employee - Fair Work Commission Full Bench overturns previous decision

In another chapter in the recent series of decisions regarding the employment status of gig workers as either independent contractors or employees, the Fair Work Commission Full Bench in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 has overruled a previous decision that a Deliveroo driver was an employee.

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Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

The procedural importance of effectively dismissing an employee

The Applicant, Mrs Eileen Owens was employed by I-Med Radiology Ltd, the Respondent as a radiographer for more than 13 years until her dismissal in December 2021. In October 2021, the Respondent implemented a policy requiring its employees to be vaccinated against COVID-19, which applied to the Applicant as well as the Queensland Public Health Orders relating to workers in healthcare settings being required to have two doses of the vaccine by 15 December.

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Jordan Bauer Jordan Bauer

Sexual Harassment Update

Reminder – what is sexual harassment?

Sexual harassment refers to an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature in circumstances where a reasonable person would consider that the person harassed would be offended, humiliated or intimidated.

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Jordan Bauer Jordan Bauer

New Wage Rates

Employers should note that the Fair Work Commission (FWC) handed down the 2022 Annual Wages Review Decision on 15 June 2022.

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Definition Of Casual Employee

On 27 March 2021 the Commonwealth Government introduced legislation which included a definition for a “casual employee”. The Fair Work Act 2009 (Cth) (FW Act) now provides a process by which casual employees may convert to full time or part time employment, and requires that employers provide casual employees with a Casual Employment Information Statement.

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