Appeals page 17 of 79

786 articles are classified in All Articles > Legal > Appeals


Bench rejects RAFFWU's Coles majority support bid

An FWC full bench has refused RAFFWU leave to appeal a finding that petitions showing almost 100% of 2000 participating Coles workers want to bargain are not enough to make a majority support determination.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

Bench backs $200K payout for worker "mortified" by poster

A consultancy found jointly liable with Sydney Water for sexual harassment of a female employee when they displayed a suggestive safety poster has failed in an appeal court bid to have its responsibility reduced because, it claimed, its role had been limited to design and it had no connection to her workplace.

Bench upholds construction shiftwork ruling

A traffic management company seeking a deal paying night workers shift loadings instead of higher overtime rates even if they don't take over from a preceding shift has lost its appeal bid after refusing to give an undertaking to overcome the deficiency.

"Gender-critical" beliefs protected: UK employment tribunal

A UK employment tribunal will consider whether an international think tank discriminated against a visiting fellow because of her "gender critical" views, including that trans women are male, after an appeal bench found she held protected beliefs.

Ruling wrongly forgives CFMMEU's "failures of oversight": Dissenter

An FWC full bench majority has quashed the approval of a construction agreement containing substandard summertime working time arrangements, but the minority says the CFMMEU should have been denied the leave it sought to overcome its "avoidable error" in failing to object when the Commission initially considered the deal.

High Court poo-poos ABCC bid to revive privy-protest penalties

The High Court has this morning refused the ABCC special leave to challenge a full Federal Court's reversal of penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker, while it also denied special leave for a case about class action common fund orders.

Rider not an employee, says Deliveroo

Deliveroo maintains no "work-wages bargain" existed between it and a food delivery driver, in its foreshadowed appeal against last month's high-profile FWC ruling that he was an employee protected from unfair dismissal.

Post-sacking conduct didn't make separation valid: Bench

FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.

Employer's appeal slashes big payout to former manager

A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.