Case law page 16 of 55

549 articles are classified in All Articles > General protections and adverse action > Case law


Pandemic no "shield" for employer's late wages: FWC

The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.

Threatened after chasing commissions: Claim

A foreign-owned private golf club and its multi-millionaire owner are being sued by a former sales representative who claims her pursuit of underpayments led to a warning that it would "end badly" for her if she travelled to China.

Indian HQ's HR advice invalid: Manager

A compliance manager with the local arm of technology giant Lenovo claims in an adverse action case that after setting her up for failure, its India-based HR director investigated her bullying complaint and came back with a finding that is invalid under Australian law, but the company has dismissed the claims as "meritless".


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.

CFMMEU outcasts awarded $380,000

Two CFMMEU construction division organisers have each been awarded almost $190,000 after a court found the union ousted them for "disloyalty" over their decision to go public with claims that its NSW branch had criminal links.


Retrial ordered in REX's "solemn promise" case

A full Federal Court has ordered the retrial of a pilots' union's claims that Regional Express threatened to take adverse action against cadets when asking for a "solemn promise" that they would stay at the airline's Wagga Wagga academy rather than cost the company an extra $100 cost per night by sleeping at a motel.

$1m damages claim over suggestive Sydney Water poster

A Sydney Water employee whose image was used in a suggestive OHS poster has been cleared to pursue more than $1 million in damages after the FWC ruled that a series of failures in her employer's response forced her to resign.

Sacked after "coastal lifestyle" warning, claims HR manager

A HR manager who claims Spotless warned him about living a "coastal lifestyle" and being unwilling to work the hours of a salaried employee after relocating to the Sunshine Coast accuses it of sacking him after just six weeks for lodging anti-bullying and workers compensation claims.