An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.
A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.
A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.
In a momentous ruling on unions' liability for officials' breaches, a full Federal Court has upheld a finding that the CFMMEU was "knowingly concerned" in organisers' refusal to show permits when entering a site to discuss safety issues.
A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.
A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.
A full Federal Court has cleared the way for ROC to recommence probing historic AWU donations to GetUp! and ALP campaigns, holding it did not need to suspect breaches of financial probity in order to have reasonable grounds.
The High Court will next month hear two special leave applications challenging findings that, in considering ordinary turnover of labour, employees' reasonable expectation of continuing work helps determine their entitlement to redundancy pay.
A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.
A court has revived a former national swim coach's underpayment claims, granting him leave to challenge a finding that an award did not cover his role.
