Case law page 15 of 40

393 articles are classified in All Articles > Workplace policy > Case law


Discrimination in gender-biased pay arrangements: Court

Victoria's Supreme Court has ruled that an employer might have treated a manager unfavourably because of her age and sex when it ignored her repeated requests to provide her similar over-agreement pay rates to those afforded to male colleagues, while it has also found that the State's equal opportunity laws enable consideration of "unconscious bias".

High Court rules on traumatised lawyer's case

The High Court has today unanimously found that a lawyer diagnosed with PTSD and depression after working in the Victorian public prosecutor's unit that handles s-xual offences, including those involving children, would have cooperated with steps by her employer to shift her to another area of its operations.

$150,000 in damages after s-xual harassment, assault

A tribunal has awarded a s-xually harassed and assaulted beauty therapist $150,000 in general damages, equal to $70 per day for the six years she has suffered and will likely continue to suffer the effects of the conduct.

ANAO ordered to reinstate COVID-vulnerable WFH auditor

The FWC has taken the National Audit Office to task for revoking permission for a veteran public servant "at increased risk" from COVID-19 to work from home and then sacking her after she refused to return to Canberra while she cared for her dying uncle at their second residence.

FWC reinstates Qantas trainer accused of staring at breasts

The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.

Tribunal makes second substantive anti-harassment ruling

In what appears to be its second substantive ruling in its new anti-sexual-harassment jurisdiction, the FWC has found that a supervisor sexually harassed a casual chef when he badgered her to have sex with him, but has thrown out the case because the victim is no longer with the employer.

Reinstatement for FIFO worker unable to make COVID-19 relocation

The FWC has given an energy company until tomorrow to reinstate a Queensland-based FIFO worker who proved unable to return to WA in time for his roster at the Montara offshore oilfield during the McGowan Government's rapidly-changing COVID-19 restrictions.

Four-member bench rules on driver's out-of-hours conduct

A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.

Professor reinstated after "consensual" tryst with student

A university professor who won reinstatement after being sacked for being "s-xually intimate" with a student during a naked swim has failed to have his and his employer's names removed from the FWC's published decision, despite his concerns the case will attract extra publicity because he is a namesake of the Australian Prime Minister.

Texts sufficient to notify shift changes: Bench

In a decision the RTBU expects to have "widespread ramifications" for employers and employees alike, potentially even disrupting sleep, a FWC full bench has held an unread text message changing an impending shift will satisfy Pacific National's notice requirements.