Case law page 3 of 54

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


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.

CFMMEU pays out $500K-plus to "whistleblowers"

The CFMMEU won't be proceeding with a potential High Court challenge to the ruling that it unlawfully dismissed two "whistleblower" officials, Andrew Quirk and Brian Miller, electing instead to pay out more than half a million dollars in compensation to them.

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.

FWC supports chemist's claim of "nightmare" surrounding pregnancy

A FIFO chemist on a Santos-operated vessel who resigned after seeking an "appropriate safe job" while pregnant and challenging instructions to hasten her return from parental leave has established that her employer's cumulative conduct forced her hand.

CEO's sacking for credit card use no "witch hunt": Court

A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.

Worker's failure to heed FWC's "important note" scuttles court case

A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.


Embassy refused "immunity cake" over alleged underpayments

A judge has lambasted an embassy's failed attempt to strike out sham contracting claims as a "waste of time" and public resources, accusing it of wanting "to keep their immunity cake and to eat it too".