Browsing: Appeals | Page 2 (863 items)


"Lawyer" gets second referral to regulator

An underpaying café owner who claims to hold a law degree has for the second time run afoul of a court during proceedings involving the FWO, with a judge deciding to again refer her to a legal profession regulator after finding it "difficult to reconcile" her supposed qualifications with the tenor of her oral and written submissions.


HR manager not denied chance to give evidence: Bench

A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.


Majority rejects "light touch" approach

A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".


Misconduct found after "mistaken departure" from standards

A government department has won an appeal against a finding that a QNMU delegate's decision to send confidential patient information to her home email during a dispute with her unit manager did not constitute misconduct because she did not "deliberately" breach accepted standards.


Aldi deal test case to proceed

A FWC presidential member has refused an Aldi bid to stay the FWC's first use of powers to unilaterally amend proposed agreements, observing that while the retailer has arguable appeal grounds, a bench should have the chance to weigh a final decision rather than risk the prospect of multiple intervening challenges.


Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.


Skilled challenges Federal Court bias ruling

Labour hire company Skilled has appealed against a Federal Court ruling upholding FWC deputy president and former Labor MP Terri Butler's refusal to stand aside from hearing a same-job, same-pay case due to apprehended bias, despite her calling such on-hire arrangements a "rort" in parliamentary debate.


No "promise" to convert fixed-term contract to permanency

A FWC full bench has quashed a finding that a government-owned First Nations accommodation service dismissed a manager by breaking a "promise" to convert her non-continuing contract arrangement to permanent employment once she obtained Australian citizenship.


Bench rejects appeal against "absurd" teacher sacking

A school has failed to overturn orders to pay a former teacher maximum compensation after her dismissal for allegedly yelling at misbehaving students, after a FWC full bench found no reason to suggest any bias by the tribunal member or that his findings represented a "gross slur" on the employer's witnesses.


LSL body seeking "consistency" in High Court challenge

The Federal Government's black coal mining LSL body has lodged a High Court appeal to a full Federal Court judgment with significant implications for the eligibility of shotfiring and explosive services workers, while the CFMEU is celebrating the removal of "loopholes and cruel anomalies" in WA's construction industry portable LSL scheme.


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