What are the rights of gig economy workers like Uber drivers?

There are many different types of gig economy jobs, some more exploitative than others. As one of the biggest gig economies, Uber has faced scrutiny over the years with drivers having filed complaints with the Fair Work Commission to change their unfair conditions. However, gig economy companies continue to argue that workers do not want to be employees because they value having freedom in deciding their work hours, which can be beneficial where they have other commitments such as study or caring responsibilities. Gary Pinchen has answered some of the most frequently asked questions around gig economies and workers rights.

Understanding Constructive Dismissal: Case Review

Under the Fair Work Act 2009, the term dismissed is defined where a person’s employment has been terminated at the employer’s initiative or a person was forced to resign because of the conduct or course of conduct engaged in by the employer. A forced resignation, also referred to as a constructive dismissal is when an employee has no real choice but to resign and thus, the onus is on the employee to prove that their resignation was not voluntary.

A Whole New Approach is dedicated to supporting employees through unfair dismissal claims, along with constructive dismissal options to ensure the best result possible is achieved. 

Read more about constructive dismissal: Fair Work Commission in Victoria Rejects Employee’s Constructive Dismissal Claim.

Lodging a bullying claim after dismissal

Did you know that you may be able to claim unfair dismissal if you were dismissed because you were bullied? That’s right! If you have sufficient evidence that supports a connection between bullying and your dismissal you may be able to bring an Application for Unfair Dismissal (Form F2) or General Protections (Form F8) in the Fair Work Commission. Have a look at “Can I lodge a bullying claim after I’m dismissed?” article by A Whole New Approach.