Case law page 31 of 55

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



Casual's 100-day-late general protections claim to proceed

A casual worker has won an extension of more than 100 days to file a general protections claim after the Federal Circuit Court found he reasonably acted on incorrect FWO advice and filed his claim in the wrong court.

Full court upholds "insubordinate" lawyer's sacking

A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.

Sacked after brought in to "get rid of people", claims manager

The former talent manager of a peak employer body is suing a children and family services provider, claiming it breached adverse action and consumer laws by sacking her soon after she was recruited to "get rid of some people".

Majority rejects restrictive take on general protections laws

A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.

Sacked after taking domestic violence leave, worker claims

A former Melbourne Water advisor is accusing the utility of forcing him to take domestic violence leave and failing to provide a promised permanent job after he disclosed that he was experiencing family violence.


WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".

Contempt for underpayment claim attracts $240K fine

In a case highlighting the dangers of failing to engage with underpayments cases, an employer who did not respond to a claim it short-changed a teenage worker by $8000 must now pay him an additional $240,000 in penalties.

Court grounds pilots' adverse action case

A pilots' union that established in the High Court that it could pursue a case on behalf eligible of non-members has lost its substantive case accusing budget airline Regional Express of threatening adverse action against cadets who exercise a workplace right.