Browsing: Appeals (880 items)


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.


No need for "minute dissection" of harassment claim: Bench

A FWC full bench has held that a worker's inclusion of s-xual harassment allegations predating the commencement of new intervention powers did not justify dismissing her dispute application, allowing her to again pursue a certificate to take her claims to the Federal Court.


Demotion, transfer amounted to sacking: Bench

A FWC full bench has ruled that Corrections Victoria dismissed a prison officer when it demoted and transferred him, clearing the way for him to proceed with his unfair dismissal claim.


Member allowed to tweak Aldi deals: Bench

Supermarket giant Aldi has failed to overturn the approval of three warehousing agreements that provided the first test of new Fair Work Act provisions giving the FWC powers to amend deals that fail the BOOT.


Exercise caution when dismissing bullying claims: Bench

The FWC should only dismiss an anti-bullying application at a preliminary stage if the absence of a future risk is clear, a FWC full bench has found in upholding the appeal of a worker on extended sick leave.


Member's "significant" failure regarding evidence: Bench

A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.


No compulsory holiday shutdowns for mineworkers: Full court

A Federal Court majority has quashed a finding that the Black Coal Award requires BHP's Operations Services in-house labour hire arm to give its workforce two common public holidays off each year, and to cap shifts at 10 hours unless most employees agree to additional hours at overtime rates.


Court dims energy company's LSL appeal

A court has upheld a finding that an energy company must pay portable long service leave charges for its maintenance employees at a Victorian power plant, because they are performing work in the "construction industry".


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