Appeals page 38 of 78

778 articles are classified in All Articles > Legal > Appeals


Bench quick to dismiss rabbi's seven-year-late application

An FWC full bench has refused a rabbi leave to appeal a decision rejecting his third set of unfair dismissal proceedings against his past employer, on the basis it was seven years out of time and had no prospect of success.


"Chaos" if arbitrated deals not binding: Bench

The Full Federal Court has dismissed an employer's attempted challenge to an arbitrated decision by the FWC, finding that an enterprise agreement at Victoria's Yallourn power station and coal mine provided for "final and binding" dispute resolution.

Reinstatement can't be challenged on basis it caused stress: Bench

A bus company's live-in general manager has failed to reverse an order reinstating a driver sacked after forcibly removing an abusive passenger, an FWC full bench refusing to admit fresh evidence that it would be detrimental to her health.


Accountants liable for client's underpayments: Bench

In a significant win for FWO efforts to extend liability to advisors involved in underpayments, a Full Federal Court has today dismissed an accountancy firm's appeal against penalties imposed last year for failing to ensure a client met its award obligations.

Casual worker entitled to annual leave: Bench

Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.

Judge evokes BLF deregistration in CFMMEU ruling

A Federal Court judge has evoked the memory of the BLF's deregistration in the course of handing out maximum fines to the CFMMEU for "deplorable" breaches by a past State branch president, suggesting that any organisation that fails to rein in aberrant behaviour "cannot expect to remain registered in its existing form".

Pickers to test vulnerable workers laws

Five migrant fruit pickers at the centre of a $10 million Federal Court claim against a labour hire company and its owners are seeking to be recognised as casuals, alleging their contracts for piecework were invalid and based average take home pay on an unrealistic workload.

Bench cuffs union over prison guard sacking

In an instructive decision on the treatment of post-dismissal medical evidence, an FWC full bench has thrown out the appeal of a prison officer declared fit after being sacked on medical grounds, while again taking a swipe at his union's handling of the matter.