Tag Archives: FWC

Detention officer unfairly dismissed despite seriously dropping her guard

The recent Fair Work Commission (FWC) decision in Jacqueline Waite v Serco Australia Pty Ltd T/A Serco Australia Pty Ltd1 is an important reminder that dismissals on what are perfectly valid substantive grounds can still be unfair if an employee is denied procedural fairness.

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First cab off the rank – FWC finds Uber driver is not an employee

The legal status of Uber drivers in Australia has been questioned since the ride service commenced here at the end of 2012. With Uber facing legal challenges from drivers in the US and the UK it was only a matter of time before the issue came before the Fair Work Commission (FWC).

On 4 January 2018, the FWC published its decision in Kaseris v Rasier Pacific V.O.F1 in which it found that an Uber driver could not claim that he had been unfairly dismissed by Uber because he was an independent contractor and not an employee.

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