Case law page 19 of 55

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


HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

Employer's inaction can provide basis for adverse action: Court

A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.

"Settle or face referral to watchdog", firm tells lawyer

A law firm that said in correspondence it would refer complaints and CCTV footage to the Legal Services Commission if a lawyer did not settle her adverse action claim against it must hand over emails about the letter and her case after a court held it cannot rely on privilege.

Pandemic savings drove outsourcing move: Qantas

Qantas, in its challenge to a crucial recent Federal Court adverse action ruling, says its sole motivation for outsourcing the jobs of about 1700 ground crew was its lawful commercial reason of saving $100 million a year during a global pandemic.

NDIA not guilty of unlawful adverse action: Court

A court has held that a senior National Disability Insurance Agency HR and safety executive who accepted a "very significant financial inducement" to retire early had not been subjected to unlawful adverse action due to his alleged protected disclosures and employment disputes, finding him the "unfortunate victim of a restructure".

Ex-ground crew deserve answers ahead of Qantas appeal: Judge

A Federal Court judge will press ahead with hearing TWU arguments for reinstatement and compensation for almost 1700 former Qantas ground crew workers, despite the airline yesterday lodging an appeal against his decision that outsourcing their jobs was unlawful.

Sacked after workload complaint, claims manager

In an adverse action claim accusing labour hire company Chandler Macleod and its chief executive of discrimination based on gender, age and/or s-xual orientation, the former executive GM of its contract cleaning arm alleges she was sacked for complaining about a workload issue.

Frosty reception to business class flights, claims ex-BOM manager

A general manager is accusing the Bureau of Meteorology of retreating from a decision to sack her for flying business class and taking two days' leave while on a work trip in Paris, only to hold off on advertising an "obvious" redeployment role until after it retrenched her.

FWC declines to stay case of three-week CEO

The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.