Appeals | Page 2 (425 items)

The Fair Work Commission isn't required to obtain an employer's consent before amending an enterprise agreement that it believes doesn't pass the better-off-overall test, a full bench has affirmed.

A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't sexual, a full bench has ruled.

A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.

In upholding an employee's appeal, a full bench of the Fair Work Commission has declined to determine whether someone can be considered "at work" and at risk of bullying while they're unfit for duties.

A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.

The Fair Work Commission has stressed the importance of adhering to open justice principles in anti-bullying matters, in refusing an appeal filed by an alleged bully who didn't want to be named in published decisions.

General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".

The public interest test poses a "very significant threshold" for employers to meet when they're seeking to appeal a Fair Work Commission decision, a lawyer says.

Employers face a high bar when seeking to appeal a Fair Work Commission decision. Watch this webcast to ensure you're fully informed about the process and what to expect.

Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.