Browsing: Appeals


High Court to make "scab" sign ruling next week

The High Court will decide next Thursday whether BHP Coal took adverse action against a mineworker when it sacked him for holding up an anti-"scab" sign at a picket in Queensland's Bowen Basin in 2012.


FWC rejects second reinstatement bid

An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.


Bench finds no obligation to permit support person in investigation

Employees are not entitled to bring a support person to a meeting to investigate a workplace incident that might result in dismissal, a FWC full bench has ruled in overturning the reinstatement of a long-serving forklift driver.


Full bench throws out entry permit appeal

A Fair Work Commission full bench has upheld a decision to refuse a Queensland building union official an entry permit, while a senior member has stayed the suspension of permits for 12 other officers.



High Court hears "scab" dismissal case

The High Court has reserved its decision on whether BHP Coal fell foul of the Fair Work Act's adverse action provisions by sacking a worker for breaching its workplace conduct policy after he held up an anti-"scab" sign at a picket.




Tribunal reverses $2.5m super payout

The NSW Industrial Court has overturned a ruling that 78 Port Kembla coal terminal workers were owed $2.5 million after signing contracts based on employer assurances they wouldn't be worse off under a replacement superannuation scheme.


AWU fails in constitutional challenge over redundancy consultation

A Fair Work Commission full bench has ruled that Fair Work Act provisions requiring state governments to consult with unions over proposed redundancies are unconstitutional, rejecting the AWU's attempt to distinguish a similar High Court finding.


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