INDUSTRIAL LAW —– application under s 562 of the Fair Work Act 2009 (Cth) and s 23 of the Federal Court of Australia Act 1976 (Cth) for order in the nature of prohibition directed at the Fair Work Commission restraining it from continuing to hear an unfair dismissal claim under s 394 of the Fair Work Act —– ground of application is that the alleged employee is an independent contractor and not an employee —– issue of whether there was an employment relationship between the parties is a jurisdictional fact for this Court to determine
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0508
For more information, see the original judgement.
