Appeals page 23 of 78

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Full court affirms unions' liability for officials' breaches

In a momentous ruling on unions' liability for officials' breaches, a full Federal Court has upheld a finding that the CFMMEU was "knowingly concerned" in organisers' refusal to show permits when entering a site to discuss safety issues.

Policy left employer with no choice but to sack worker: Bench

A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.

Tribunal head vents over member's "imprecise" decision

A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.

Successful appeal revives ROC pursuit of union over donations

A full Federal Court has cleared the way for ROC to recommence probing historic AWU donations to GetUp! and ALP campaigns, holding it did not need to suspect breaches of financial probity in order to have reasonable grounds.

High Court to hear crucial bid to overturn severance ruling

The High Court will next month hear two special leave applications challenging findings that, in considering ordinary turnover of labour, employees' reasonable expectation of continuing work helps determine their entitlement to redundancy pay.

Judge declines recusal request as employer appeal dismissed

A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.


Casuals' hours need not be predictable to be regular: Bench

An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.