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566 articles are classified in All Articles > Legal > Appeals


Full court dismisses Aldi's attempt to nobble union campaign

Aldi has again failed to rein-in the TWU over its long-running "safe rates" campaign, with a full Federal Court confirming that the union is not constrained by consumer law prohibitions on misleading or deceptive conduct.

High Court set to hear Lunt case

The High Court will next month hear robo-stevedore VICT's bid for a finding that MUA delegate Richard Lunt committed an abuse of process when he acted as the "front man" for the union's bid to overturn an enterprise agreement.

Nothing stopping delivery riders "abandoning" meals: Uber

Before entering into a private settlement with a food delivery worker accusing Uber Eats of unfair dismissal, the company has told a full Federal Court that delivery "partners" are free to negotiate lower fees and abandon meals after collecting them.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

Full court majority backs coercion call, despite procedural flaws

A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.

Court overturns executive's $1 million payout after HR stoush

A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.

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.