Browsing: Appeals | Page 4 (854 items)


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.


Uni workload cap not a "soft" limit: Bench

In a significant breakthrough for a NTEU excessive workloads case, a FWC full bench has found a university could have breached its agreement by allocating tasks to academics they could not reasonably complete within full-time hours, but it is questioning what, if any, relief would be available.


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


FWC member "precipitously" binned case: Bench

A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.


Funding changes not driven by demerger attempt: Full court

The continuing power struggle between the RTBU's Victorian branch and the leadership of its locomotive division has again played out in court, division secretary Paris Jolly failing on appeal to prove that the union took adverse action against him because of an unsuccessful demerger attempt.



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.


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