Case law page 44 of 55

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


ABCC wins on individual fines, fails in adverse action case

The Federal Court has today imposed $1,300 individual fines on more than 50 construction workers who took unprotected industrial action to attend a rally at Perth's children's hospital project in 2013, while it has thrown out an ABCC adverse action case against the CFMEU construction and general division's ACT branch and officials.

$170,000 adverse action payout for brothel worker

An 18-time "best brothel In Australia" and its operator have been ordered to pay more than $170,000 in compensation and penalties to an award-winning receptionist who won an adverse action case after being dismissed for refusing to shift from permanent part-time to casual employment.

Unions knowingly involved in wildcat strike: Court

The Federal Court has found that while AMWU, CFMEU and AWU organisers did not "instruct", "advise" or "encourage" employees at a Victorian paper mill to walk off the job for three days, they and the unions were knowingly involved in the unlawful strikes.

FWC approves agreement with detrimental suspension clause

The FWC has approved a new agreement that permits poultry giant Inghams to suspend workers without pay for up to three days during investigations into misconduct, after it found any detriment when compared with the award is outweighed by the deal's benefits.

Denying job to arthritis sufferer was adverse action: Court

A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.

Court fines CFMEU for organising waterfront blockade

A court has fined the CFMEU and two organisers almost $100,000, after finding the union engaged in unlawful coercion and adverse action when it organised a blockade at the $1.6 billion Port of Melbourne expansion project because an employer refused to bargain.

Court raises doubts about union leaders' severance payouts

A Federal Court judge has found it "may well be correct" that former Tasmanian union leaders Kevin Harkins and Nicole Wells – now a Tasmanian Industrial Commission member – received redundancy payouts in 2008 to which they were not entitled.

Court allows CFMEU outcasts to proceed with case

A court has refused to summarily dismiss a general protections claim instigated by two former CFMEU construction and general division NSW branch organisers who maintain they were driven out of their jobs for whistleblowing.

ABCC loses case despite arresting its own witnesses

Despite ultimately having to arrest a key witness to give evidence on its behalf, the ABCC has failed to convince the Federal Court the CFMEU acted unlawfully by denying two members of a caulking company access to a building site in Melbourne.

Employee who refused secondment fails in adverse action claim

The Federal Court has dismissed an adverse action claim by a long-serving SBS employee who accused the broadcaster of offering her a choice between resignation or an indefinite secondment to avoid a substantial redundancy payout.