Appeals page 24 of 79

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High Court to hear crucial bid to overturn severance ruling

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.

Judge declines recusal request as employer appeal dismissed

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.


Casuals' hours need not be predictable to be regular: Bench

An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.



Full court places limits on "industrial activity" in female toilet case

In a significant judgment closely examining the limits of "industrial activity", a full Federal Court led by Chief Justice James Allsop has overturned penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker.

High Court should find Lunt ruling brings justice into disrepute: VICT

Victoria International Container Terminal has asked the High Court to consider whether a full Federal Court brought the administration of justice into disrepute when it failed to find MUA organiser Richard Lunt a "front man" for the union's bid to quash the approval of the stevedore's enterprise agreement.

Full court ruling a win for IR class actions

A litigation funder that overturned orders to pay $3 million in security to run two casuals class actions says remaining roadblocks are increasing the price of IR group actions and rendering many unviable, while employers are calling for new anti-funding laws.

Coles worker seeking to test Act in High Court

A former Coles worker is seeking special leave from the High Court to appeal a ruling that unsettled the FWC's approach to general protections applications and found it entitled to first establish whether workers have been dismissed.