Appeals page 19 of 79

783 articles are classified in All Articles > Legal > Appeals


FWC presidential member "descended into the arena": Bench

An FWC full bench has quashed the decisions of a presidential member who refused to recuse himself before finding Regional Express executives bullied an engineer, holding he mistook legal principles and engaged in "entirely unjustified and inappropriate criticism".

Full court backs permanent stay on lawyer's discrimination claim

A full Federal Court has today upheld a permanent stay on an openly gay solicitor's discrimination and harassment case, after he refused to undergo a psychiatric examination paid for by his firm and performed by a specialist of its choosing.

Senior IR lawyer wears costs for failed appeal

The principal of a specialist IR law firm has been ordered to indemnify the costs of a failed appeal after a court found the application "ought never to have been made" if he had heeded his statutory obligation to conduct quick and inexpensive litigation.

Search limitations reduce visibility of FWC decisions: Bench

A FWC full bench has thrown out the appeal of a manager who failed to block the publication of a jurisdictional dismissal decision or have her name removed from it, to avoid identity theft or damage to her job prospects.

Employee finding "incoherent", High Court told

The multinational parent of Thorn Lighting has told the High Court that a full Federal Court's finding that two contracted truck drivers were employees despite nominally running their own businesses was "internally incoherent".

Union poses "ultimate question" to assess employment status

The CFMMEU has told the High Court that applying the multifactorial test to determine if a worker is an employee or independent contractor is a "vacuous" approach without ultimately establishing whether they are conducting their own business.

Appeal court upholds public sector's "notional" pay rise

In a setback for unions fighting a mooted 1.5% pay cap for NSW public servants, the state's Court of Appeal has upheld a decision affirming a 0.3% increase in the 2020-21 financial year, in part because investing in infrastructure would be better than wages in stimulating the economy during the pandemic.

High Court to consider special leave for CFMMEU, Qantas cases

The High Court will next month consider whether to extend special leave in two high-profile cases, the first in which the ABCC is seeking to have the CFMMEU's recidivism factored into penalty rulings and the other in which aviation unions are pursuing access to paid sick, carer's and compassionate leave for Qantas workers stood down due to the pandemic.

Late appeal rejected despite guard's "saving community" claim

A detention centre guard who tackled an escaping detainee has failed to win permission to appeal his sacking, a FWC bench rejecting his claim that it was in the public interest because he'd saved the community "from a disastrous 'what may have been'".

High Court rejects "front man" abuse of process case

The High Court has today unanimously rejected "robo-terminal" VICT's argument that the MUA abused lower court processes when it used delegate Richard Lunt as a "front man" for its belated bid to overturn approval of the company's enterprise agreement.