Browsing: Appeals (887 items)


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.


Bench upholds chicken deboners SJSP ruling

A FWC full bench has rebuffed an employer's challenge to a same-job, same-pay ruling, in its first full bench consideration of the interaction between SJSP legislation and transfer of business provisions.


High Court quashes long service leave ruling

A High Court majority has overturned a finding that limited shotfiring and explosive services workers' eligibility for long service leave contributions.


Sin-binned auditors fail to win stays

FWC President Adam Hatcher has refused to stay the deregistration of one auditor and suspension of another found to fallen short in their duties to an embattled HSU branch, concluding that no weight should be given to their "desire for reputational repair" while their appeals are heard.


Ex-VECCI chief sues AFL club; & more

Guerra sues Melbourne Football Club; Bench upholds child-killer's partner's reinstatement; and Teachers win interim 3% pay rise.


Bench offers guidance for "altercation" cases

A FWC full bench has refused to overturn the dismissal of a veteran AFL umpire who frog-marched a trespassing jogger from a training session, in a significant decision "reconciling" the tribunal's different approaches to whether employers have valid reasons to sack workers variously involved in physical altercations and policy breaches.


High Court rebuffs academic pay challenge; & more

High Court rebuffs academic pay challenge; "No guarantee" lawyers will respond before deadline, says FWC; ABC presenter free to contest sacking; and Bench rejects consolidation order appeal.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.


Hansard extracts had no place in bias ruling: Full court

In a significant ruling on parliamentary privilege, a full Federal Court has found that Hansard extracts should not have been used to support a bias claim against a Labor politician-turned-FWC-member weighing same-job, same-pay orders.


BP deal axed in 2021 without its knowledge: Bench

A FWC full bench has taken the extraordinary step of quashing a five-year-old decision that left thousands of BP employees uncovered by an enterprise agreement while the company remained unaware it had been terminated.


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