Case law page 13 of 54

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


Adverse action finding "contaminated" by conspiracy theory

The Federal Court has ordered a case be retried after finding the chair and temporary chief executive of a large charity were not afforded a chance to properly challenge a ruling that they conspired to oust a problematic finance team member caught up in divisive internal politics.

Meat wholesaler on hook for unreasonable extra hours

In a rare Federal Court ruling on reasonable additional hours, a large employer faces penalties for numerous Fair Work Act and award breaches after being found to have employed a recently-arrived "third-world" migrant on a 50-hour week in which shifts began at 2am.

Bench clears way for $1M unlawful sacking damages claim

Sydney Water has failed to quash a FWC finding that clears the way for a former employee whose image was used in a suggestive OHS poster to pursue more than $1 million in damages on the basis its botched response forced her to resign.

Qantas flags High Court appeal in outsourcing case

The TWU has vowed to fight for a substantial compensation package for almost 2000 former ground handlers and Qantas says it will appeal after a full court upheld a finding it took adverse action by outsourcing their roles, but refused to order reinstatement.

Newsflash: Qantas loses outsourcing appeal

Qantas has failed to overturn a Federal Court adverse action finding over its shunning of a TWU in-house bid when the airline decided to outsource the work of 2000 ground-handlers.

Multinational's HR "sloppiness" not adverse action: Court

"Diffuse" employment-related decision-making processes in sprawling corporations pose a particular challenge for those trying to establish they have been dismissed for prohibited reasons, according to a federal court judge.


Sacked for refusing assessment, not for complaining: Court

A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.

$100,000 payout for post-complaint sacking

A manager dismissed in an "elaborate and sophisticated scheme" after he made a complaint has won almost $100,000 in damages and penalties for his "non-paragon" employer's unlawful adverse action.

RSPCA gone to the dogs: Claim

RSPCA Queensland's former general manager and chief financial officer are suing it for allegedly subjecting them to sham redundancies in retaliation for "whistleblowing" corruption claims levelled at its chief executive, a HR manager and others.