Browsing: Appeals | Page 38 (854 items)


Bench corrects "counter-intuitive" compensation ruling

A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.


ROC seeks to correct AWU raids ruling

In the ROC's appeal against the Federal Court ruling that invalidated its probe into the AWU's donations to Get Up, it claims the trial judge misconstrued prosecution time limits and misunderstood what constitutes "reasonable grounds" for the watchdog to start an investigation.


Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.



Bench quashes pre-undertakings deal approval

An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.


Employer's failed appeal denies worker extra $5000

An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.


High Court agrees to hear personal/carer's leave case

The High Court has today granted the Morrison Government and a major food manufacturer special leave to appeal a contentious decision on calculating sick and carers leave, claimed to potentially cost employers an extra $2 billion a year.



Bench shaves $48K off CFMMEU penalties over double dip

In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.


IR class action funder challenges costs security order

The litigation funder behind a swathe of casuals class actions is challenging a requirement to cough up more than $3 million in security for the potential costs of two of them, arguing it would set a higher bar for employment-related class actions and eat into workers' returns.


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