> 50aaa of the corporations act is frequently used in fair work commission cases to determine whether the employer is a small or large sized business for the purposes of jurisdictional gauging based on associated entities. > one emerging case presented to the fwc involves a matter of two respondents, one being the controlling entity of the employer, being directly involved in the investigation of an incident of slander by a manager of the employee, both working for the employer, and the resulting workplace bullying at the business. > including an incident of another employee covertly audio recording the applicant in the presence of sensitive customer data that went unaddressed by the employer when reported. > the applicant has presented the argument that both the controlling entity and employer intended to bring the employment relationship to an end via inaction, purposefully leaving the workplace conditions "oppressive and repugnant". > if found in the applicant's favor, the matter would set a precedence for 50aaa as an avenue for easily "piercing the corporate veil" in future cases when a non-employer associated entity is involved in the unlawful termination or forced dismissal of an employee at the employer associated entity.
Australia