Browsing: Appeals (296 items)


FWC powers transcend diplomatic immunity: Full court

In a significant decision on diplomatic immunity, a full Federal Court has tossed out an embassy's claim that it enjoys protection from unfair dismissal proceedings, confirming in the process that the FWC has standing as a "court" under the relevant legislation.


HR manager not denied chance to give evidence: Bench

A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.


Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.


No cooling-off entitlement: FWC bench

A worker held a mistaken belief that he had a legal entitlement to a cooling-off period after he settled his unfair dismissal claim, a FWC full bench has ruled.


No "promise" to convert fixed-term contract to permanency

A FWC full bench has quashed a finding that a government-owned First Nations accommodation service dismissed a manager by breaking a "promise" to convert her non-continuing contract arrangement to permanent employment once she obtained Australian citizenship.


Qantas case shows "fundamentally broken" IR system: Expert

A labour law academic says there is a need to ask how Australia's IR system is so "fundamentally broken" that it incentivises the conduct evident in Qantas's decision to unlawfully outsource jobs to avoid bargaining, in circumstances where the record $90 million fine imposed yesterday will barely dent its resultant annual savings.


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.


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