Browsing: Appeals (290 items)


Judge ejects from full bench after Saudi objection

Saudi Arabia's Australian cultural mission has succeeded in sidelining a Federal Court judge from sitting on a full bench that is reviewing whether it is protected by diplomatic immunity from underpayment claims brought by 45 former employees.


FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.


High Court to rule on crucial redundancy question

The High Court will on Wednesday hand down its ruling on what mining giant Peabody says is a "critical" test of the laws governing whether a redundancy is genuine.


Bench holds line on cocaine reinstatement

A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.


"Brutal" humiliation of worker did not warrant sacking: Bench

In a significant decision on whether a sacking can be unfair even when objectively justified, a FWC full bench has thrown a lifeline to a highly-regarded Parks Victoria employee facing the axe after "brutally" humiliating a worker at an on-site café.




Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


No costs despite "imprudent" rejection of settlement offers

An unlisted mining exploration company has failed to claw back legal costs that included a 14-day trial defending claims brought by its former "whistleblower" chief executive, after the Federal Court found his rejection of two settlement offers justified when he stood to receive "substantial" penalties for workplace breaches.


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