Case law page 28 of 55

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


Court upholds young doctor's sacking for breaching boundaries

While acknowledging the potentially "considerable" impact on a probationary doctor's career, the Federal Court has on appeal rejected that her bullying complaints were the real reason for her sacking, rather than her breach of professional boundaries and directions on confidentiality.

Political bias claim sustains shaky unlawful sacking case

The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.

Ice hockey player suing league after homophobic vilification

An "openly bis-xual" Canadian ice hockey player is suing the Australian national league for failing to register him for a second season, accusing it of taking adverse action on the basis of his s-xuality and complaints about homophobic vilification.


Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

Employer disputes HR manager's case citing alleged underpayments

A leading solar panel company is challenging a decision to let its former HR manager pursue a novel adverse action claim seeking $125,000 in compensation on the basis she resigned to protect herself against liability for alleged staff underpayments.



Triguboff lawyer's allegations "a fiction", claims Meriton

Meriton Property Services has hit back at its former general counsel's claim that he was unlawfully sacked after allegedly refusing managing director Harry Triguboff's direction to lie in an affidavit, claiming that the scenario was "contrived" in order to pursue damages through the court.

COVID-19's virtual hearings delay trial for employment case

A Federal Court judge has delayed a general protections case until a physical hearing can go ahead in September or October, after revealing he found himself "somewhat surprisingly torn" between the arguments for an in-person or virtual proceeding.