Browsing: Appeals


Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.


Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.


Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.



Bench quashes CFMEU entry permit suspensions

A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.


High Court grants union leave to challenge Boral discovery order

The High Court will in April hear the CFMEU's argument that it should not be compelled to give Boral information to help the company win its contempt case against the union for allegedly defying injunctions at Victoria's Regional Rail project.


Coles loses industrial action ballot challenge

Coles meatworkers in Victoria and Tasmania were entitled to vote to take protected industrial action because they had been genuinely seeking separate enterprise agreements late last year, a FWC full bench has ruled.


No adverse action against depressed lawyer: Court

A Federal Court full bench has reversed the reinstatement of a government solicitor who had been found to have suffered adverse action when dismissed while suffering depression.


Bungled HR investigation breached contract: Full court

A shipping company breached an officer's contract of employment and failed to follow its discrimination policy when it conducted a flawed investigation into alleged bullying by her captain, a full Federal Court has ruled.


Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.


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