Browsing: Appeals | Page 6 (841 items)


High Court gives CFMEU another headache

The High Court has granted the ACCC special leave to challenge the full Federal Court's quashing of a finding that the CFMEU's construction division induced and had knowing involvement in major building company J Hutchinson's unlawful boycott of a non-union waterproofing subcontractor.


"Significant" damage from strikes not just about dollars: Bench

A FWC full bench has clarified what constitutes "significant" damage to the national economy and when an employer can be considered an "important part" of it, in reasons for overturning the suspension of protected action by sugar industry workers.


Classifications "unlikely to have ever made sense": Judge

In a judgment that casts a harsh light on agreement drafting, a Federal Court majority has described crucial elements of a multinational paint company's since superseded deals as a "jumble of random terms", before quashing a finding that six misclassified warehouse workers had been underpaid.


FWC fast-tracks sugar strike ban appeal

Unions locked in the Wilmar Sugar dispute say they have held over an urgent application to stay a ban on protected action, ahead of a FWC full bench appeal on Friday.


"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.


High Court asked to reject "narrow" definition of work

Extending employers' duty of care to the disciplining and sacking of workers would not "frustrate" contractual certainty or disrupt businesses, lawyers for a charity's former consultant have told the High Court.


Tribunal rejects lawyer's pregnancy discrimination appeal

An employer did not discriminate against a lawyer when it twice declined to roll over short, fixed-term contracts that would have entitled her to paid maternity leave, an appeal panel has found.


"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.


No stay for employer seeking to defend bushfire sacking

Construction giant Laing O'Rourke has failed to block consideration of compensation and penalties while it appeals a finding that it unlawfully sacked a manager over an altercation at a party during a bushfire recovery project.


No reinstatement for vax hold-outs: Bench

A group of DP World wharfies unfairly sacked for refusing to be vaccinated against COVID-19 have failed to knock out a decision not to reinstate them, leaving a question hanging around the lawfulness of their employer's actions.


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