Appeals page 26 of 79

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Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Bench rejects orders sought by investigator escorted from building

The head of a government agency's investigations unit has failed to halt an investigation into her own behaviour, an FWC full bench finding the tribunal required more evidence of alleged bullying before it could issue such orders.

Court upholds young doctor's sacking for breaching boundaries

While acknowledging the potentially "considerable" impact on a probationary doctor's career, the Federal Court has on appeal rejected that her bullying complaints were the real reason for her sacking, rather than her breach of professional boundaries and directions on confidentiality.

Member "misapplied" safety procedure in reinstating worker: Bench

BlueScope Steel has for the second time in a year succeeded in challenging the reinstatement of a worker dismissed for a critical safety breach, an FWC full bench resoundingly rejecting a tribunal member's characterisation of the incident as "minor".

BHP resumes bid to secure labour hire agreements

BHP will next week make a renewed attempt to win approval for two in-house labour enterprise agreements, after an FWC full bench majority ruled last month that its failure to properly explain the proposed pay arrangements meant the workforce did not genuinely agree. 

ACTU lament as employers, government toast High Court leave case win

ACTU secretary Sally McManus has called for legislative changes to lock in 10 days paid personal leave each year for all employees regardless of hours worked, following a High Court decision today she claims blows a "massive" hole in the nation's defences against COVID-19.


Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.