Browsing: Appeals | Page 5 (896 items)


BHP asks High Court to overturn SJSP ruling

BHP's coal mining and in-house labour hire entities are seeking special leave to challenge the Full Federal Court ruling that upheld same-job, same-pay orders the FWC made for the resources titan's Bowen Basin mines.


"Mental confusion" raises questions about resignation: Bench

A wharfie who tried to rescind a resignation he delivered while apparently having paranoid delusions has won a second shot in claiming Hutchison Ports unfairly sacked him, with a full bench finding no reason to ignore the facts that surfaced after his employer accepted it.


Hospital entitled to withhold work ban payment: Bench

In a significant ruling on stand downs, a full bench has upheld a challenge to a hospital's refusal to pay a nurse who declined redeployment to another ward due to a work ban, but found on redetermination that the employer was otherwise entitled to withhold payment.


"Lawyer" gets second referral to regulator

An underpaying café owner who claims to hold a law degree has for the second time run afoul of a court during proceedings involving the FWO, with a judge deciding to again refer her to a legal profession regulator after finding it "difficult to reconcile" her supposed qualifications with the tenor of her oral and written submissions.


HR manager not denied chance to give evidence: Bench

A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.


Majority rejects "light touch" approach

A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".


Misconduct found after "mistaken departure" from standards

A government department has won an appeal against a finding that a QNMU delegate's decision to send confidential patient information to her home email during a dispute with her unit manager did not constitute misconduct because she did not "deliberately" breach accepted standards.


Aldi deal test case to proceed

A FWC presidential member has refused an Aldi bid to stay the FWC's first use of powers to unilaterally amend proposed agreements, observing that while the retailer has arguable appeal grounds, a bench should have the chance to weigh a final decision rather than risk the prospect of multiple intervening challenges.


Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.


Skilled challenges Federal Court bias ruling

Labour hire company Skilled has appealed against a Federal Court ruling upholding FWC deputy president and former Labor MP Terri Butler's refusal to stand aside from hearing a same-job, same-pay case due to apprehended bias, despite her calling such on-hire arrangements a "rort" in parliamentary debate.


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