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


BHP changed housing regime to axe workers' tenancy rights: Bench

A FWC full bench has upheld a ruling that BHP must continue to deduct a $60 weekly housing subsidy from remote mineworkers' pay, saying that the company halted the deductions to remove tenancy rights, rather than as an "act of gratuitous generosity".

SDA members carved-out from RAFFWU-backed class action

Shine Lawyers says the exclusion of thousands of SDA members from its McDonald's class action will "inform future interplay" between union and non-union representative proceedings, while a full court ruling has set a "powerful precedent" for using collective action to protect workers' rights.

Manager's spamming of worker ended his job: FWC

An employer is facing a potential adverse action claim after the FWC held that its general manager's out-of-hours spamming of an injured delivery driver ended the employment relationship even if the company's director did not want him dismissed.

"Abject stupidity" insufficient reason for sacking: Bench

In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.

Lawyers' letters in harassment case "vindictive": Court

A jeweller who showered a manager with gifts and compliments, along with unrequited declarations of his affections and a slap on the bottom, is facing a record damages payout for sexually harassing her and victimising her for complaining about it, while his law firm is under fire for the "intimidatory and vindictive" tone of its correspondence.

Large disability bias payout for "excluded" teacher

A tribunal has awarded $236,000 in damages, plus potential further lost earnings and interest, to a long-serving language teacher who developed a psychological injury when his employer "excluded" him from the workplace for two years after he suffered a debilitating spinal stroke.


FWC overturns summary sacking for "confidentiality" breach

The FWC has ordered a Gold Coast cabaret club to compensate two workers it sacked after intercepting private social media discussions about a colleague's pay, finding it treated them like they had broken into its equivalent of the Watergate complex to expose key secrets over WikiLeaks.

FWC upholds sacking for medical marijuana use

The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.

Failure to provide private breastfeeding space discriminatory: Tribunal

In what is believed to be the first workplace breastfeeding discrimination ruling, a tribunal has found that a KFC franchisee indirectly discriminated against a worker when it told her to express milk in a tent, within a storeroom with no door.