Case law page 19 of 55

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


"Kafkaesque" pregnancy case proceeds after delay excused

A recruitment company's former operations manager, who is claiming $20,000 for the hurt and humiliation flowing from her alleged discriminatory sacking due to her pregnancy, has won more time to pursue her claim, while her employer has failed in its bid for costs against her "neophyte" lawyer, after a court accepted that there had been "a comedy of errors" that fell well short of representative error.

FWC approves use of failed bullying case material in court matter

A FWC presidential member has over the objections of an ASX-listed company permitted a portfolio manager to use confidential material from his failed bullying matter in a Federal Court adverse action case brought against his former employer.

Costs against "impossible" delegate who sought $500K settlement

A RTBU delegate dismissed after managers found him "impossible" to deal with has been ordered to pay his employer's costs of defending his unsuccessful adverse action case, in which a judge found he unreasonably rejected settlement offers despite clear evidence he would never be reinstated.

Pistol club returns fire over manager's underpayment claims

A pistol club accused of underpaying a manager for more than a decade and threatening to sack and evict her when she sought her full entitlements is claiming that she was largely a volunteer who worked "minimal" hours to preserve her welfare payments, despite being named as manager on its website.

Court fines labour supplier, contractor for age bias

The Federal Court has today ordered a labour hire company and a contracting company to pay half of a $29,000 discrimination fine to a 70-year-old worker denied a job because of his age.

Court grounds Qantas bid to halt reinstatements

The Federal Court has today refused to grant a Qantas bid to stay a hearing that could lead to the reinstatement of some or all of almost 1700 ground crew whose jobs the airline outsourced earlier this year.

Qantas seeks to delay ruling on outsourced jobs

The Federal Court is expected to rule this morning on a Qantas application to stay its decision on a remedy - including the possibility of reinstatement - for almost 1700 ground crew whose jobs the airline outsourced earlier this year.

HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

Employer's inaction can provide basis for adverse action: Court

A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.

"Settle or face referral to watchdog", firm tells lawyer

A law firm that said in correspondence it would refer complaints and CCTV footage to the Legal Services Commission if a lawyer did not settle her adverse action claim against it must hand over emails about the letter and her case after a court held it cannot rely on privilege.