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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.

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.

Rebuffing five-year WFH bid not bullying: FWC

A university supervisor's rejection of an academic's five-year work-from-home application and his repeated "advice" about how to use students' work to reach research targets did not constitute bullying, the FWC has held.


FWC backs BHP's sacking of breast-grabbing mineworker

In a case that illustrates sexual harassment problems at remote mine sites, the Commission has upheld BHP Billiton's sacking of a service technician after he groped and pursued two young female cleaners, prompting one to leave the "too unsafe to return" worksite.

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.