Appeals page 1 of 22

212 articles are classified in All Articles > Termination of employment > Appeals


Key question over amended contract not answered: Bench

For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.

FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.

Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.

CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Bench reinstates sacked union delegate

An FWC full bench has quashed a decision to compensate a union delegate unfairly sacked by Simplot a year ago and instead ordered it to reinstate him, holding a senior member weighed irrelevant considerations in deciding not to give him his job back.

Judge puts FWC member on notice over vax views

A Supreme Court judge has slapped down a FWC presidential member's "clarion call" for Australians to "vigorously" reject the notion of mandatory COVID-19 jabs, questioning her assertions about the efficacy of vaccines and declaring it is not her role to challenge the validity or appropriateness of public health orders.

Hugging teacher fails to win back job

An FWC full bench has today found errors in a ruling that upheld a private school's sacking of a 52-year-old teacher for hugging students and other misdeeds, but has refused to overturn it.

Mining vax mandate; Rioters facing expulsion; & more

Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.

"Emphatic" rejection of case no basis for costs: Judge

Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.

FWC to re-hear case of lawyers sacked for "insubordination"

A criminal lawyer has succeeded in overturning findings that he unfairly sacked two solicitors he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.