Browsing: Appeals | Page 25 (858 items)


Post-sacking conduct didn't make separation valid: Bench

FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.


Employer's appeal slashes big payout to former manager

A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.


Reasons for court's six-year delay to remain a "mystery"

Lawyers for a Boral worker who waited six years for a decision in her sexual harassment case say reasons for the delay will have to "remain a mystery" after the Information Commissioner affirmed the rejection of her FOI request.


Police officer's sacking for alleged exposure rightly reversed: Court

Victoria Police has lost its bid to sack an officer for "disgraceful conduct" in allegedly exposing himself to a day spa therapist while getting his groin waxed, the State's Court of Appeal this month holding its review board rightly set the dismissal decision aside.


Bench shines light on recusal question

A full bench has in throwing out a challenge to a recusal decision sought to dispel mounting confusion over when an FWC member who conciliates a matter should recuse themselves from hearing it.


Bench's safety concerns derail Sydney Trains proposal

The FWC has again blocked Sydney Trains from compelling electrical workers to participate in a trial to reduce downtime during maintenance, with a full bench finding it would introduce risks inconsistent with its obligations under safety laws.


Donning/doffing PPE is working time: Bench

A full bench has quashed a finding that a meatworker is not entitled to payment for time involved in putting on and removing PPE during a half-hour unpaid meal break, but has held an employer's silence did not give the FWC power to arbitrate on the before- and after-work requirement.


Aviation unions seek leave to appeal Qantas JobKeeper ruling

Aviation unions will this month ask the High Court to hear an appeal against Qantas's use of JobKeeper payments, on the same day that the ABCC will seek leave to challenge a full Federal Court finding on the nature of "industrial activity".


High Court to hear traumatised lawyer's case

The High Court has granted a lawyer leave to appeal a finding that her State government employer did not breach its duty of care in managing her reaction to preparing a large volume of child s-xual offence cases.


Court rejects indemnity costs bid

The Federal Court has today ordered party-party costs, after rejecting a bid for indemnity costs, against a self-represented former World Vision employee who pursued a general protections case with no prospects of success.


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