Browsing: Appeals (311 items)


Ex-VECCI chief sues AFL club; & more

Guerra sues Melbourne Football Club; Bench upholds child-killer's partner's reinstatement; and Teachers win interim 3% pay rise.


Bench offers guidance for "altercation" cases

A FWC full bench has refused to overturn the dismissal of a veteran AFL umpire who frog-marched a trespassing jogger from a training session, in a significant decision "reconciling" the tribunal's different approaches to whether employers have valid reasons to sack workers variously involved in physical altercations and policy breaches.


Unrepresented litigants can't expect AI leniency: bench

A NSW IRC full bench has upheld a ruling that a sacked interpreter breached a Commission practice note by failing to seek leave to file AI-generated material that then turned out to be inaccurate, warning that unrepresented applicants cannot expect leniency after such transgressions.


One Nation staffer loses dismissal challenge

A FWC full bench has overturned a finding that PM Anthony Albanese's post-election decision to pare back One Nation's staffing allocation amounted to a dismissal.


Bench rejects sacked urinator's AI-aided challenge

Google AI's unfounded suggestions that an unfair dismissal ruling set a "dangerous precedent" and established an "unsafe principle" highlight the technology's limitations, a FWC full bench has found today.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.


Court to weigh "unreasonable complainant conduct"

The Federal Court will hear a former Health Department compliance evaluator's challenge to the FWC upholding his dismissal for engaging in persistent and unreasonable complainant conduct, including communications that left managers in fear of making adverse decisions.


Member's findings deserve "deference": Bench

A FWC full bench has acknowledged its "deference" to a tribunal member's factual findings in upholding the reinstatement of a stevedore accused of telling a colleague he put his c-ck in their Subway sandwich, while already on a warning for showing pictures of bikini-clad female colleagues to co-workers.


Demotion, transfer amounted to sacking: Bench

A FWC full bench has ruled that Corrections Victoria dismissed a prison officer when it demoted and transferred him, clearing the way for him to proceed with his unfair dismissal claim.


Member's "significant" failure regarding evidence: Bench

A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.


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