Lander & Rogers updates

Uber driver fails to convince Fair Work Commission of employment relationship
Lander & Rogers
  • Employment & Benefits
  • Australia
  • February 07 2018

The Fair Work Commission recently rejected an Uber driver's claim of unfair dismissal on the grounds that he was an employee, upholding Uber's argument that he was instead an independent contractor. It stated that the fundamental elements of an employment relationship were absent from the relationship between the parties, as the driver was not required to perform work or provide services for the benefit of Uber, and Uber made no payments to the driver for the provision of any work or services.

The bully-er or the bullied?
Lander & Rogers
  • Employment & Benefits
  • Australia
  • January 31 2018

The Fair Work Commission's bullying jurisdiction recently rejected an aged care worker's bullying claim against her supervisors and managers. The employer successfully argued that, at all times, the employee was subject to reasonable management action carried out in a reasonable manner. This case demonstrates that bullying is not always top-down; it can be horizontal or even bottom-up.

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