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Employment Law

Employment relationship a “necessary precursor” for vicarious liability, says the High Court

Until fairly recently, most Australian lawyers would have agreed with the proposition that in order for an organisation to be liable for an individual’s torts, there would need to be a relationship of employment between the organisation and the individual. However, in the last couple of years, the Supreme Court of Victoria considered the position

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November 13
2024
Employment Law Litigation and dispute resolution

Fair Work Commission finds that Foodora delivery riders are employees

What’s the difference between a cycle courier who delivers an envelope, and a cycle courier who delivers an enchilada? The answer, it appears, is “not much”, at least according to the Fair Work Commission (FWC). Last week, the FWC handed down a decision which found that one Mr Klooger, a food delivery worker engaged by

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November 18
2018
Employment Law

Uber, but for the employee/contractor distinction

There are many different ways to measure the ubiquitous success of Uber, but perhaps the most telling is the extent to which the expression “Uber, but for” has become a cliché for describing start-up ideas (“Uber, but for parsley? Sure, I’d love to invest in that!”) Some of these ideas appear to be a little

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November 20
2016
Employment Law

Monitoring employees’ internet communications without being a Yahoo

It’s not often that the European Court of Human Rights (ECHR) gets a lot of coverage in the Australian media. However, the ECHR was front and centre this week after a decision rather luridly headlined (in the Sydney Morning Herald) as “Bosses can snoop on emails to girlfriend, European court finds”. The decision concerned a

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November 20
2016
Employment Law