Case law page 14 of 54

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


Unlawfully sacked worker not entitled to penalties: Court

An unlawfully sacked IT worker has missed out on $80,000 in fines levied against his former employer, because of his active involvement in a convoluted scheme designed to attract government research funding.


Full court to hear Qantas outsourcing appeal today

Qantas and the TWU today take their long-running legal battle over the outsourcing of up to 2,000 ground crew jobs at the height of the pandemic to a full Federal Court.

Ross declines to refer vax "questions of law" to full bench

FWC President Iain Ross has refused to refer to a full bench "questions of law" from a health worker and a group of Virgin employees seeking declarations that it is illegal to threaten those breaching vaccine mandates with the sack and that a "non-covid injected person" is no risk.


Analyst sacked after complaint about "non-core" duties

A worker made redundant after complaining about performing tasks outside his role description and its effect on his work-life balance has won an adverse action case in a federal court.

Lawyer not forced to resign: FWC

The FWC has thrown out a lawyer's general protections claim against the Victoria Building Authority, finding it did not force her to leave by demoting her but rather that she resigned after making a "rational decision" to accept more secure employment.

Pandemic no "shield" for employer's late wages: FWC

The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.

Threatened after chasing commissions: Claim

A foreign-owned private golf club and its multi-millionaire owner are being sued by a former sales representative who claims her pursuit of underpayments led to a warning that it would "end badly" for her if she travelled to China.

Indian HQ's HR advice invalid: Manager

A compliance manager with the local arm of technology giant Lenovo claims in an adverse action case that after setting her up for failure, its India-based HR director investigated her bullying complaint and came back with a finding that is invalid under Australian law, but the company has dismissed the claims as "meritless".