The Federal Court will this morning hear a bid by Teal MP Monique Ryan's chief of staff to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to "hostile conduct".
Qantas has questioned whether there could ever be an instance where employers can lawfully outsource work if the High Court rejects its challenge to a ruling that it took adverse action against 2000 former ground crew employees when it shunned a TWU in-house tender in favour of an external bid.
A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.
A couple who unsuccessfully sued Senator Jacqui Lambie for allegedly unlawfully sacking them in 2017 has been ordered to pay almost $100,000 in costs to the Federal Government after a judge found numerous aspects of their case "unreasonable".
In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".
A judge has dismissed a worker's claims of disability discrimination and adverse action and upheld his sacking for aggressive workplace behaviour, finding that he should have told his employer upfront of his mental health issues and his autism diagnosis.
Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.
Purported cultural differences did not excuse a restaurant manager's behaviour in shoving a young employee off balance and chiding that he'd "kill" him if he didn't stop "stressing" his co-manager wife, the FWC has found.
BHP Coal is facing penalties and compensation payments for unlawfully "demobilising" a labour hire truck driver shortly after she refused to dump a load in a poorly-lit area, while it is also accused of "sophistry" in arguing that she had not properly addressed its potential motives.
A stone benchtops company ordered to pay $163,000 in compensation and damages to a veteran stonemason dismissed because of his work-related silicosis must now pay him a further $76,000 in fines for unlawful and discriminatory adverse action.
