Appeals page 43 of 79

781 articles are classified in All Articles > Legal > Appeals


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.



Bench refuses to disturb finding that Hadgkiss questioning "inexcusable"

A full Federal Court has found that a CFMEU official breached the Fair Work Act's "hinder or obstruct" prohibition for permit-holders when he "liberally" swore at a safety inspector, but rejected the ABCC's argument that it was denied procedural fairness when the trial judge described former Commissioner Nigel Hadgkiss's questioning of a witness as "inexcusable".

Ross rejects Aldi bid to send NERR questions to court

FWC President Iain Ross has rebuffed an application by retailer Aldi to have a full Federal Court review the rejection of its agreement because of a deficient bargaining notice.


Full court rules on self-incrimination

A full Federal Court has rejected an appeal by a CFMEU construction and general division official against answering questions in court from his own counsel on the grounds that he might incriminate himself.