Following a ruling from the Fair Work Commission (FWC) that determined she was an employee, an offshore paralegal was successful in her unfair dismissal application despite the respondent’s objection that claimed she was engaged as an independent contractor.
The Full Bench of the Fair Work Commission (FWC) has held that a school wrongly refused a teacher’s flexible working arrangement request, because its response did not meet all of the requirements set out in the Fair Work Act 2009 (Cth) (FW Act).
Until recently, it has long been the case in Australian law that courts would not award damages for breach of contract because of the way in which the worker was dismissed.
In Elisha v Vision Australia Limited [2024] HCA 50, the High Court decision resulted in an employer being liable for almost $1.5 million to an employee for breaching his contract by failing to follow its disciplinary policy when terminating that employee’s employment.
