Case law page 3 of 55

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


Hatcher gives damning assessment of IR agent's conduct

FWC President Adam Hatcher has decried a paid IR agent's "misleading and unethical" practices in a case where it failed to inform a worker that the amount agreed to settle his adverse action claim would not cover its fees.

No recusal after worker calls member a "dip-sh-t"

A worker who called a FWC deputy president a "dip-sh-t", "bearuacratic w-nker" and a "grinch" has failed to secure his recusal for allegedly failing to hold his employer accountable for breaching the Privacy Act.

Hatcher intervenes after worker "horrified" by adverse action result

FWC President Adam Hatcher has ordered a paid IR agent to attend a conference to resolve a worker's complaint that he ended up out of pocket after settling an adverse action case his representative sought to discontinue without his express approval.

Hearing date set for Lattouf case

The FWC will in March hear ABC arguments that radio presenter Antoinette Lattouf's claim that the broadcaster unlawfully sacked her over an Instagram post critical of Israel's war in Gaza cannot proceed because of her casual engagement and reliance on the wrong provision of the Fair Work Act.

10-day hearing for Qantas outsource compensation case

The Federal Court has programmed a 10-day hearing in March next year to determine any compensation for the 1680 Qantas group employees the airline subjected to unlawful adverse action when it outsourced their jobs at the height of the coronavirus pandemic.

Severe mental health issues mean no double-dipping: FWC

A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.

Unpursued case ousted after "novel question" explored

A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.

Court reserves on anti-sacking case against UWU

A Federal Court judge has today reserved on an application to restrain the UWU from dismissing two organisers who claim it subjected them to adverse action for backing a majority support petition as part of a campaign for a new in-house enterprise agreement, but the union claims their case is "untenable" and should be thrown out.

Chest infection a temporary disability: Court

A court has ordered a cafe to pay a teenage worker $7300 compensation, including $6000 for hurt and humiliation, after it took unlawful adverse action because of his temporary disability when it dismissed him for calling in sick due to a chest infection.

Chef's adverse action claim back on menu

A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.