Category: Labour Relations Act 1995

Aussie Uber contractors: No employment relationship

Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees.  This is a...

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Expeditious dispute resolution: Rule 11 application granted

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Majoritarianism principle highlighted: Extending agreements

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Bipolar contractual model: Vulnerable Uber drivers

Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum...

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Pre-dismissal arbitration: Bias not proved

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Locking out lawfully: Enforced beyond protected strike

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Correctness test applied: No dismissal no jurisdiction

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Insubordination invalid reason: Reinstatement ordered

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Action cause considered: Collective agreement not contract

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Public Service Act: Power to dismiss

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Condonation principles considered: Compensation remedy denied

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Trade union deregistration: AMCU and official notification

On 24 April 2019 the Registrar of Labour Relations gave notice of the intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) and called for written representations within 60 days as...

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