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786 articles are classified in All Articles > Legal > Appeals



Big win for Turnbull Government on FEG payments

The federal government's efforts to rein in the ballooning costs of its FEG scheme have received a significant boost after an appeal court overturned a ruling that stripped it of priority status in seeking to recover almost $4 million paid to employees of a collapsed company.

Flawed HR investigation did not exonerate sacked worker: Bench

An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.



Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".

Bench reverses employer's representation win

An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.

11-day hiatus not fatal: Bench

A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.

Roulette supervisor loses dismissal appeal, but wins on costs

A roulette supervisor has failed to challenge the rejection of her claim that a casino's failure to offer overtime amounted to constructive dismissal, but a full Federal Court has quashed a $30,000 costs order against her after finding it was not unreasonable to ignore a $7000 settlement offer.