Appeals page 14 of 78

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FWC bench doubles down on 'decision on papers' question

A four-member FWC bench has left no doubt unfair dismissal matters with contested facts must not be decided on the papers regardless of consent or a lack of objection, a senior member finding a second of his rulings quashed on this basis within a matter of days.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.

Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Full court formally declares Employsure conduct misleading, deceptive

A full Federal Court has today made a formal declaration that IR advisor Employsure made false or misleading representations via its advertising on Google that it had government sponsorship or approval, after this month's crucial liability ruling.

Police face big bill as unions affirm entry rights

In an expensive case for Queensland Police that is said to affirm the rights of entry permit holders federally, the State's Court of Appeal has quashed a finding that a group of union officials trespassed by refusing to leave when an employer denied them entry.

High Court rebuffs challenge to FWC jurisdiction

The High Court has refused to grant a large charity leave to appeal a finding that the FWC did not invalidly exercise judicial power when arbitrating a dispute brought under an inherited agreement.

Police escort for lawyer claiming employee status

A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.

Prior conduct fines could worsen breaches, union tells High Court

The CFMMEU has told the High Court an ABCC appeal raises the prospect of "double punishment" by inflicting maximum penalties for even minor contraventions based on past recidivism, with a risk that it could encourage contravenors to commit more serious breaches.