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


Pandemic savings drove outsourcing move: Qantas

Qantas, in its challenge to a crucial recent Federal Court adverse action ruling, says its sole motivation for outsourcing the jobs of about 1700 ground crew was its lawful commercial reason of saving $100 million a year during a global pandemic.

NDIA not guilty of unlawful adverse action: Court

A court has held that a senior National Disability Insurance Agency HR and safety executive who accepted a "very significant financial inducement" to retire early had not been subjected to unlawful adverse action due to his alleged protected disclosures and employment disputes, finding him the "unfortunate victim of a restructure".

Ex-ground crew deserve answers ahead of Qantas appeal: Judge

A Federal Court judge will press ahead with hearing TWU arguments for reinstatement and compensation for almost 1700 former Qantas ground crew workers, despite the airline yesterday lodging an appeal against his decision that outsourcing their jobs was unlawful.

Sacked after workload complaint, claims manager

In an adverse action claim accusing labour hire company Chandler Macleod and its chief executive of discrimination based on gender, age and/or s-xual orientation, the former executive GM of its contract cleaning arm alleges she was sacked for complaining about a workload issue.

Frosty reception to business class flights, claims ex-BOM manager

A general manager is accusing the Bureau of Meteorology of retreating from a decision to sack her for flying business class and taking two days' leave while on a work trip in Paris, only to hold off on advertising an "obvious" redeployment role until after it retrenched her.

FWC declines to stay case of three-week CEO

The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.

Courtroom "theatre" best for assessing witnesses: Judge

A judge weighing the pros and cons of conducting an adverse action trial via Microsoft Teams has decided to delay it until he can assess witness credibility in person, in a courtroom providing its "own chemistry and theatre".

Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.