Browsing: Appeals | Page 2 (841 items)


FWC member should have heeded union's concerns: Bench

A FWC bench has emphasised the tribunal's need to properly scrutinise proposed agreements in finding that a senior tribunal member failed to follow principles of open justice when refusing to provide a union with the names of applicants for a mining services deal ultimately found to be a sham.


Court increases builder's entry-blocking fines

A Canberra contractor that blocked CFMEU officials from investigating safety issues has been hit with higher penalties after conceding that a judge mistakenly bundled obstruction and misrepresentation breaches together when determining fines.


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


Orica outside portable LSL scheme: Full court

A full Federal Court majority has found that Orica is not obliged to make contributions to the black coal mining sector's portable long service leave scheme for its shotfirers, while Justice Adam Hatcher has demurred.


Mentoring all part of the job: Court

The Federal Court has rescinded a windfall for three emergency-call operators who stood to be reimbursed for years of unpaid mentoring allowances, after determining a lower court failed to account for training payments already made under the governing agreements.


IR department not required to disclose internal documents

Queensland's Industrial Court has upheld a finding that an investigator's report and a lawyer's advice on a senior Office of IR employee's conduct attracted legal professional privilege and the employer did not waive it.


Bench raises heat on employers over flex requests

Employers who refuse a flexible work request have to do their own homework on the ramifications and spell it out clearly in writing, a FWC full bench has held in ordering a school to accommodate a teacher's wish to temporarily work part-time in an executive role while she manages her return from parental leave.


Member "misapprehended" facts: Bench

A FWC full bench has emphatically quashed a deputy president's decision to bin a worker's unfair dismissal application with five hours' notice just two days before Christmas, finding he misapplied the Commission's powers and "misapprehended" the facts.


Fine increased for education department's job security breach

The ACT's education department must find an additional $8000 after a court increased penalties for breaching an agreement's job security terms in the case of a former public school teacher claiming she was unlawfully dismissed in 2016.


No sin bin for underpaying Catholic schools: Court

Catholic school employers have escaped penalties for withholding backpay from two teachers who resigned before new agreements' retrospective pay rises came into effect, a judge finding that the deals' ambiguities contributed to the "honest and reasonable" mistake.


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