The Fair Work Commission (FWC) has made recent decisions regarding the competing issues of work-from-home (WFH) and employer mandates to return to the office. These decisions show that FWC decision-makers will place significant weight on the facts of each WFH related dispute. In the absence of any significant precedent or legislation providing a right to WFH, each case will be determined based on an assessment of the merits of each party’s position.
Byline: Maddy Lodge
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A collection of articles, case studies and media releases highlighting the latest in legal news and at Rigby Cooke Lawyers.
Offshore contractor or employee?
Case note: Pascua v Doessel Group Pty Ltd [2025] FWC 1833
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.
Navigating the complex path of refusing flexible working arrangement requests
Case note: Naden v Catholic Schools Broken Bay Limited as Trustee for the Catholic Schools Broken Bay Trust [2025] FWCFB 82
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).
Injured worker succeeds in breach of contract claim over how he was dismissed
Case note: Elisha v Vision Australia Limited [2024] HCA 50
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.
