Browsing: Appeals | Page 4 (841 items)


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.


Psychiatric impact of botched dismissals risks damages: High Court

UPDATED A High Court majority has clarified that a 115-year-old UK House of Lords decision does not bar the recovery of damages for botched sackings, restoring the award of $1.44 million to a consultant unable to work since his "sham" dismissal in 2015.


"Materially involved" question jeopardises $1.5M payout

A Federal Court judge has cast doubt over a manager's $1.5 million adverse action payout in a ruling highlighting the difficulty in establishing who in large corporations ultimately makes the decision to dismiss an employee.


Workers not at fault for delayed applications: Bench

A presidential member placed too much emphasis on two workers' failure to chase up their unfair dismissal applications, a FWC full bench has ruled, finding the representative's miscalculation of the due date responsible for the whole delay.


Constable facing sack for sharing confidential info with union

The PSA has lost its challenge to a NSW IRC decision said to have "wide ranging" implications for union delegates using workplace emails to communicate with union lawyers, with a special constable facing dismissal for disclosing confidential information to inform its application for a new award.


Wholesale "cut and paste" of party's submissions warrants retrial

A federal court full bench has remitted a case for retrial after a judge facing impending retirement reproduced "significant" portions of a worker's submissions without attribution in an adverse action case and failed to "bring an independent mind" to his determination.


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