Browsing: Appeals (896 items)


Apprentice training is "work": Full court

In what the ETU is calling a landmark judgment about trainees' rights, a full Federal Court majority has upheld penalties levied against two companies who stopped organisers entering their premises to speak to apprentices on the basis they were not at "work".


Federal agency wins leave to appeal race bias findings

The Federal Court has granted Services Australia leave to appeal a finding that it took adverse action against a worker based on his race or s-xuality when it sacked him for punching a colleague in the head.


Lawyers to defend HR manager's case; & more

Lawyers to oppose HR manager's reinstatement; "Apprehension of bias well-founded": Judge; Sham contracting case shelved; and Train drivers not "systematically overworked": Full court.


Executive refused special leave after improper disclosures

The High Court has refused special leave to appeal a ruling that a former chief commercial officer improperly disclosed supplier contacts after leaving his employer of ten years for its competitor.


High Court ends employer's bid to strike out fraud case

The High Court's refusal to grant special leave to appeal marks the end of the road for an employer's long-fought bid to strike out ETU allegations that it fraudulently concealed information from the FWC when seeking approval for a new deal.


Thorough investigations not an "unmeetable burden": Bench

A full bench has upheld orders requiring a BHP labour hire subsidiary to reinstate to a different mine a worker accused of aggressive conduct, finding a FWC member did not impose an "unmeetable burden" on workplace investigations, while the company's challenge to his colleague's reinstatement order is waiting in the wings.


Dismissal round-up: "S-x object" sacking justified; & more

Tutor's sacking over "s-x object" comment warranted; $16K compensation after "cursory" text message dismissal; "False hope" provided by AI; Expelled priest not an employee; and Bench upholds joint smoker's reinstatement.


Peak body can appeal potentially costly decision: Bench

A FWC full bench has for the first time considered whether non-parties to a dispute can appeal an arbitrated outcome, concluding that a peak employer body concerned about the implications of a classification decision satisfied the legislative definition of a "person aggrieved".


Six-year-old anonymisation bid rejected

A marine superintendent who unsuccessfully challenged a cruise operator's right to stand him down during the Covid-19 pandemic has failed to have the decision belatedly anonymised, after a FWC full bench expressed doubt that it could affect his job prospects.


Bench upholds reinstatement of s-xually-harassing academic

A FWC full bench has upheld the reinstatement of a senior academic sacked for s-xual harassment, noting that while his "creepy" conduct breached the university's Appropriate Workplace Behaviour policy, he had apologised to the employee and had no further contact with her after HR intervened three years before his dismissal.


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