Browsing: Appeals


High Court to hear genuine redundancy case next month

The High Court will next month begin hearing mining giant Peabody's challenge to a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.


UFU hit with costs after challenge goes up in smoke

The UFU has been ordered to pay indemnity costs to Fire Rescue Victoria after a full Federal Court found that its challenge to FWC production orders was both "misconceived" and doomed in the face of binding authorities.


Bench backs sacking of meth-taking wharfie

A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.


FWC has no place tweaking approved deal: Full court

A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


Lawyers' alleged settlement deed doesn't pass muster: Court

Two senior corporate lawyers will resume their pursuit of millions in compensation from Super Retail Group after the Federal Court rejected their claims that an enforceable settlement had already been agreed, while a full court will soon separately hear the employer's appeal aimed at suppressing details of its settlement offer.


Employer caught out by Scot's accent goes rogue

A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".


Qantas worker capable of signing settlement: Full court

A full Federal Court has refused to overturn a finding that a former Qantas employee possessed the necessary mental capacity when she signed a deed in 2008 settling her claims of s-x and disability discrimination.


Game over for referee's fixed-term case: Full court

A full Federal Court has dismissed a National Rugby League referee's claim that the game wrongly denied him an opportunity to pursue his dismissal dispute because his employment ended at the conclusion of an "outer limits" contract.


Bench blunts ambos' attempt to register union

In a significant decision on the statutory hurdles facing unregistered enterprise unions applying for federal registration, a FWC full bench has confirmed that assessing an association's membership is confined to "actual flesh and blood members" rather than any prospective members allowed under its rules.


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