Legislation page 2 of 3

21 articles are classified in All Articles > General protections and adverse action > Legislation


Trainee wins adverse action appeal on one count, but loses on others

The Federal Court has cast doubt on whether there is a basis for ordering a company to pay penalties or compensation for adverse action against a worker, because it never acted on a recommendation to dismiss him for making a harassment claim that allegedly had shaky foundations.


Labor Bill to seek to boost protections for visa workers

The Opposition has given notice that it will introduce a Private Member's Bill that would trigger a crackdown on underpayments, sham contracting and exploitation of temporary visa workers.

Making new mother redundant was adverse action: Court

Roy Morgan Research Ltd took adverse action against a director who sought to return to work after maternity leave when it refused her request for flexible working hours and instead brought forward her redundancy, the Federal Circuit Court has found.

Court ruling overturns Bechtel ban on protest attendance

A workplace ban on employees accessing leave to participate in a union-led rally on Monday has been overturned, on an interlocutory basis, by the Federal Circuit Court, after it accepted the ETU's argument that the move breached workers' general protections.

FWC allows multi-employee adverse action claims

In its first ruling on the issue, the Fair Work Commission has decided that unions can include multiple employees in a single general protections application.

Court warns coal giant that reinstatement means providing work

The Federal Court has temporarily reinstated a CFMEU delegate to his position at Anglo Coal's Dawson mine in Central Queensland pending the hearing of his adverse action claim, and warned the company that it will need to provide him with his usual work to comply with its order.

Adverse action penalty potentially five times lower due to employer status

In fining a Catholic priest more than $10,000 for dismissing an aged care nurse in breach of the Fair Work Act's general protections provisions, a court has suggested that different penalties for individuals and corporations might sometimes lead to unfair results.

EnergyAustralia culture cleared in key adverse action ruling

In dismissing corporate director Kate Shea's general protections case against EnergyAustralia, the Federal Court has ruled that employment complaints must be based on genuinely-held grievances and not made for an ulterior purpose if they are to form the basis of a workplace right.

Mining union hit with maximum fine for illegal overtime ban

In a rare instance of a court imposing the maximum penalty under the Fair Work Act, the CFMEU mining and energy division has been fined $33,000 for unlawfully implementing its overtime policy at BHP Coal's Peak Downs mine.