Discrimination and equity page 77 of 89

The FWC has given seven employers extra time to shift from a contentious payment tool for calculating the wages of workers with disabilities, while conciliation continues for unions, employers and disability groups trying to reach agreement on a new system.

The FWC is considering whether it needs to issue an anti-bullying order against an Adelaide restaurant, after it took "positive steps" to improve its culture and practices.

Oil company Caltex, which has identified that it has a gender pay gap of 1.1% in favour of males on a "like for like" position basis, is among about 20 organisations that have been added today to the gender equality agency's list of best practice employers.

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

The Federal Court has rejected an employee's adverse action claim and has found that her summary dismissal for bullying and misconduct was justified.

A lingerie store manager allegedly labelled a "sl-t" after refusing the s-xual advances of a director at a work function was exposed to unlawful adverse action when the company refused to re-employ her, the Federal Circuit Court has found.

An employer's decision not to make permanent a driver with Asperger's even though he passed a comprehensive physical and functional assessment was "unfair and irrational" but did not breach anti-discrimination laws, a tribunal has ruled.

A union delegate will be reinstated after the Federal Court ruled that his employer engaged in adverse action when it targeted him for retrenchment and failed to genuinely consult with the union and employees or adhere to the agreement's redundancy provisions.

The FWC has ordered an employer defending an unfair dismissal claim to produce a consultant's bullying report sought by an employee it sacked after he drew a stylised p-nis on a workplace incident report, while it has refused to effectively "mandate" that the employer be represented by its employer association's lawyer.

A confectionery company discriminated against an employee when it failed to consider, or give him an opportunity to propose, adjustments that might have enabled him to continue working, a tribunal has found.