General protections and adverse action page 30 of 64

A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.

A chief operating officer who misled the board of a listed company about the viability of a mining project has had his adverse action case thrown out.

A court has revived a former national swim coach's underpayment claims, granting him leave to challenge a finding that an award did not cover his role.

A court has today praised RAFFWU for its service of the national interest in pursuing a McDonald's franchisee and securing $82,000 in fines against if for sinister, cruel, coercive threats via Facebook posts to deny its predominantly young workforce drink and toilet breaks required under the fast food chain's agreement.

In a significant judgment closely examining the limits of "industrial activity", a full Federal Court led by Chief Justice James Allsop has overturned penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker.

A judge has affirmed, in a general protections case alleging "inhumane treatment", the courts' ability to overlook the use of incorrect forms to initiate proceedings.

A former Coles worker is seeking special leave from the High Court to appeal a ruling that unsettled the FWC's approach to general protections applications and found it entitled to first establish whether workers have been dismissed.

An ASX-listed agribusiness accused of constructively sacking its chair when it cut his pay by $200,000 and demoted him claims it replaced him after COVID-19 caused a "disconnect" and its chief executive and secretary both complained about his conduct.

A company accused of sacking a manager for refusing to "rort" JobKeeper has told a court it dismissed him for poor performance and a loss of trust, but has declined to plead to many allegations due to an ongoing criminal investigation.

A HR consultancy claims in its defence of accusations it employed security guards to keep out its chief executive and sacked her because she sought a bully-free workplace that the dismissal was solely brought about by her misuse of a corporate credit card.