Appeals page 49 of 78

778 articles are classified in All Articles > Legal > Appeals


"Evaporation" of trust scuttles prospect of reinstatement: Bench

A Western Australia court of appeal has rejected the RTBU's bid to reinstate a transit officer sacked for making false allegations against her supervisor, confirming it would be "impracticable" for the employer-employee relationship to continue given the absence of trust between the parties.

Union hails "no names" ruling

An FWC full bench has confirmed that unions can file disputes in their own names without having to identify the employees involved.

Bench orders re-determination of safety sacking

An FWC full bench has ordered a re-examination of the sacking of a worker for his "nonchalance" towards OHS obligations, lack of contrition after a workplace mishap and failure to wear safety glasses.

Union must name workers for FWC to resolve dispute

The FWC has confirmed it has the power to determine a dispute between labour supplier WorkPac and the CFMEU over pay cuts at a Rio Tinto coal mine, but its intervention is conditional on the union naming the employees involved.

Bench hits CFMEU with twelve-fold penalty increase for blockade

A full Federal Court majority has found that the court cannot treat a "lawful request" or a party's motivation for taking coercive industrial action as a mitigating factor when assessing penalties and has ordered a twelve-fold increase in fines against the CFMEU for organising a blockade at Perth International Airport in 2013.

Bench rejects union's adverse action case against BHP Coal

A full Federal Court has upheld a procedural decision to strike out an amended statement of claim in dismissing CFMEU's appeal alleging BHP Coal took adverse action against miners when it engaged a contractor with a cheaper workforce.

Ross refuses to refer agreement termination "test case" to bench

FWC President Iain Ross has refused the NTEU's bid for a full bench to hear Murdoch University's request to terminate its enterprise agreement, which the union claims is a "test case" that will affect up to 20,000 Western Australian higher education employees.

Costs security order imposed on advocate aggrieved by Heerey report

The Federal Court has imposed a $10,000 security of costs order on an industrial advocate who is challenging its refusal to quash alleged adverse findings against her in the Heerey report on the conduct of former FWC Vice President Michael Lawler. Meanwhile, former Howard Government Workplace Relations Minister Peter Reith has been admitted to hospital after a "serious medical emergency".

Tribunal upholds sacking of wharfie who called Corrigan a pig

The FWC has ruled that logistics company Qube was justified in sacking a veteran wharfie who lied about damaging property and described the company's chair, waterfront warrior Chris Corrigan, as a "pig" on Facebook.

Union opposing requirement to name members in dispute

The RTBU is challenging the FWC's refusal to determine a dispute over a proposed restructure by Pacific National, claiming a "burdensome requirement" to name individual members involved threatens to "corrode" union power.