Appeals page 1 of 47

464 articles are classified in All Articles > Legal > Appeals

Fire-damaged machinery, not bushfires, caused stand down: Bench

A wood mill operator does not have to pay its former workforce for a five-week stand-down period after an FWC full bench confirmed that the time lost was due to damaged machinery, rather than the bushfires that rendered it inoperative in the first place.

Cryogenic insulators frozen out of BOOT test: Bench

In a significant decision on the scope of agreements, an FWC full bench has quashed the approval of a deal measured exclusively against the manufacturing award, despite coverage extending to cryogenic insulators and concreters.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

FWC bench lops 31 horticultural deals

An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.

"Intimidating" judge undermined adverse action claim: Bench

A self-represented adverse action applicant will be able to submit an amended statement of claim following a full Federal Court finding that he was last year denied a fair hearing by an "aggressive, rude and overbearing" judge.

Arthritic bank teller, 68, doesn't have to move branches: Bench

The ANZ Bank has failed to overturn a decision blocking it from relocating an arthritic 68-year-old teller to a more distant branch, an FWC full bench finding that the issues raised were too narrow to enliven the public interest.

Bench rejects employer's bid to review strike suspension powers

A large employer has failed in its bid to have the FWC revisit what constitutes "significant harm" to third parties when considering halting protected industrial action, a full bench finding that the application lacked utility as the strikes concerned had long since ended.

Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

IR Minister fails to overturn long service ruling

Queensland's IR minister says an anomaly in the State's long service legislation needs to be fixed, after a court rejected her challenge to a ruling that denied payment to a worker dismissed just weeks before he reached the critical 10-year service threshold.