Judicial review page 1 of 15

145 articles are classified in All Articles > Legal > Judicial review

FWC bench within rights to halt reinstatement: Full court

A 64-year-old BlueScope worker sacked for mishandling a 13-tonne coil has failed to win his job back, after a full Federal Court majority found a FWC bench did not go beyond its powers to halt his reinstatement.

Court backs rare Premier's challenge to tribunal ruling

A palliative care doctor given 10 minutes' notice that his three-year fixed-term contract was to be succeeded by a six-month contract immediately lost his right to have a tribunal review the new offer, Tasmania's Supreme Court has held.

Full court ruling a win for IR class actions

A litigation funder that overturned orders to pay $3 million in security to run two casuals class actions says remaining roadblocks are increasing the price of IR group actions and rendering many unviable, while employers are calling for new anti-funding laws.

Coles worker seeking to test Act in High Court

A former Coles worker is seeking special leave from the High Court to appeal a ruling that unsettled the FWC's approach to general protections applications and found it entitled to first establish whether workers have been dismissed.

FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.

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.

Senior tribunal member rejects ex-lawyer's "blatant bias" claim

A senior FWC member has declined to recuse himself from hearing an unfair dismissal case brought by a disbarred lawyer who accused him of "blatant bias" and having a "sweet little racket" bullying unrepresented workers.

BP to "uphold values" despite losing Hitler parody appeal

BP has vowed to keep upholding its values across operations despite failing to upset FWC full bench orders to reinstate a worker who made a Hitler parody video of its protracted bargaining with oil refinery workers.