Case law page 36 of 55

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


Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.


Swastika use protected political opinion, argues sacked academic

A University of Sydney lecturer sacked after superimposing a swastika on an Israeli flag in teaching materials and social media posts is relying on political opinion protections in the Fair Work Act and academic freedom clauses, claiming he was really dismissed for challenging his treatment.

Lawyer's workload, pre-dawn starts no excuse for late filing: FWC

The FWC has rebuked a lawyer for his "dilatory" approach to filing a general protections claim, ultimately granting his client a time extension because of the unusual degree of stress and anxiety he suffered as a consequence of his dismissal.


Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.

Indemnity costs after teachers' refusal to settle

The Federal Circuit Court has ordered indemnity costs against two casual employees who refused offers to settle their adverse action and award breach cases for $10,000 and maintained their demands for $95,000 payouts.

Court derails injunction bid for sacked delegate

The private operator of Sydney's newest rail line has agreed to continue paying an RTBU delegate pending an expedited trial in July into allegations that it sacked him because he helped prepare for a majority support determination application, after the Federal Court today found serious questions to be tried.

Whistleblowers broke the code, says CFMMEU

The CFMMEU's code of conduct requiring officers to "publicly defend" colleagues, refrain from casting aspersions and deal with all concerns internally forms the basis of the union's defence in a court case involving two former organisers who claim they were ousted for whistleblowing in a media interview.

"Two Longs" case headed to High Court; Hanna appeal; & more

"Two Longs" case headed to High Court; Hanna to appeal document destruction finding; United Voice's "massive" penalty rates campaign; Australia Post compensation claims deliberately slowed: Investigation.