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


Circuit Court questions FWBC building company prosecution

The Federal Circuit Court has questioned why the FWBC chose not to prosecute the director of a phoenixed bricklaying company that failed to pay correct pay and entitlements to several "daily hire" workers.

Boral entitled to present evidence on the extent of its losses

Boral Resources has had an early win in its court battle with the CFMEU over damages caused by concrete bans, with the Victorian Supreme Court overruling objections from the union, and allowing the company to plead a wide range of evidence on the losses it suffered.

ANZ seeks to end agreement for top-tier staff

The FWC has granted the ANZ Bank access to a document detailing how many members the FSU has in each classification of its enterprise agreement, with the bank now expected to seek to remove higher classifications from agreement and award coverage.

Big penalty against MUA for "scab" posters

Five waterfront workers have been awarded a total of $120,000 in compensation for the emotional distress they suffered after the MUA named them in "scab posters" that had them fearing for their safety.

Following orders no excuse for HR managers who took adverse action

The Federal Circuit Court has fined construction company Baulderstone $25,000 for taking adverse action against a worker who resigned his CFMEU membership, along with $7000 in penalties for two HR managers who were carrying out orders and failed to "exercise their choice" to refuse to comply.

"Female Richard Branson" fails to prove adverse action

A manager with HR responsibilities who described herself as a "female Richard Branson or Warren Buffett" and falsified her credentials has failed to convince the Federal Circuit Court her employer took unlawful adverse action when it sacked her.

Esso locks out Bass Strait workers

Esso Australia has locked out 200 maintenance workers at its Bass Strait oil and gas operations, in response to rolling stoppages by AMWU and ETU members.

Leighton manager claims transparency cost his job

Leighton has failed to knock out most of a manager's adverse action claim that alleges the construction giant made him redundant for complaining it failed to disclose a project's $205 million budget blowout and overstated its revenue by $1.4 billion.

Employer took adverse action with take-it-or-leave-it demand

The Federal Circuit Court has found a newspaper publisher took adverse action when it forced a full-time journalist to sign a take-it-or-leave it statement reducing him to two days a week - with unspecified entitlements to be paid in instalments - and sacked him when he complained.

"Mistaken or negligent" parental leave restriction costs employer $170,000

A company's parental leave policy – which breached the NES by making unpaid parental leave only available to "primary" caregivers - has cost it $170,000 in the unpaid wages and redundancy pay that an employee would have received if he had been allowed to access the leave and its flow-on benefits.