Case law page 27 of 30

296 articles are classified in All Articles > Discrimination and equity > Case law


Employer vicariously liable for race bias

A tribunal has warned employers that they must not only have anti-discrimination policies in place but must also ensure they are "communicated effectively", after finding an Aboriginal economic development company vicariously liable for race discrimination.

Age not the issue in YMCA refusal to appoint worker: Tribunal

A tribunal has backed a decision by YMCA NSW to not appoint a man in his fifties as a senior pool lifeguard after he referred, during his interview, to physically touching and wrestling troubled young men he was counselling.

Bench clears the way for equal remuneration case

A Fair Work Commission full bench has set down principles to guide the equal pay case for child care workers and early childhood teachers, before it hears the merits of the matter next year.


Australia Post vicariously liable after failing to uphold its "exemplary" standards

A court has found Australia Post vicariously responsible for the actions of a supervisor because it failed to enforce its "exemplary" anti-discrimination policies after complaints that he racially abused a delivery driver, calling him a "f---ing black bastard" and telling him to go back to where he came from.



Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.


Employer ordered to reinstate worker after adverse action

A union delegate will be reinstated after the Federal Court ruled that his employer engaged in adverse action when it targeted him for retrenchment and failed to genuinely consult with the union and employees or adhere to the agreement's redundancy provisions.