Appeals page 71 of 79

781 articles are classified in All Articles > Legal > Appeals



High Court to hear Boral case today

The High Court will today hear the CFMEU's argument that Boral can't use court discovery processes to force the union to produce documents that might expose it to punishment for contempt for allegedly defying injunctions on Victoria's Regional Rail project.

Full court finds Government's offshore exclusion invalid

A full Federal Court has struck down the Coalition's attempt to exclude foreign workers on offshore resources projects from Australian labour standards, throwing their employment status into doubt.

Beans or peas? Court finds Odco-contractors are employees

A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.

Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.

Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.

Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.

Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.


Bench quashes CFMEU entry permit suspensions

A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.