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


McDonald's franchisee admits "unlawful de-unionisation" activity

The SDA is gearing up to take further action against McDonald's fast food outlets after a settlement in which a franchisee coughed up $275,000 and confessed to waging a union-busting campaign and pressuring part-timers to become casuals, despite denying it in court documents.

Unconscious bias ruling upheld on appeal

Victoria's appeal court has upheld a ruling that an employer treated a manager unfavourably because of her s-x, when it ignored her repeated attempts to negotiate over-agreement pay rates, despite affording higher rates to male colleagues.

"Sickos" Facebook poster wins job back

The FWC has ordered the reinstatement of a firefighter who shared an image of naked women in a "sickos" Facebook group of current and former colleagues but upheld the sacking of another who posted p-rnography during his shift, in decisions slamming "tick-and-flick" training.

"Faith stream's" vax views insufficient to sway FWC

The FWC has rejected an unvaccinated child protection officer's faith-based challenge to her sacking, despite claims that requiring her to get a COVID-19 jab is akin to asking a Muslim worker "to have injections that s/he considered not Halal".

Jetstar overseer failed to curb farting, harassing subordinate: FWC

A Jetstar maintenance supervisor who referred to colleagues as "dumb c-nts" and tried to destroy the credibility of a complaining subordinate by revealing he was overtly flatulent and openly rubbed his p-nis at work has failed to establish that his sacking involved double standards or unfairness.

Anti-lockdown rallying cry warranted dismissal: Court

A casual Census collector sacked by the ABS for calling on her 7000 LinkedIn connections to revolt against COVID-19 lockdowns has failed to persuade a court that it "violently" discriminated against her.

Decades of harassment caused psychological injury, claims firefighter

A tribunal has refused to throw out a female firefighter's workplace s-xual harassment claim involving allegations of "serious and sustained harassment and abuse" dating back almost 25 years, finding it reasonable that she believed making external complaints while employed would have jeopardised her career.

Harassed, victimised Della Rosa worker wins $50,000 in damages

An employer must pay more than $50,000 to compensate a supervisor it victimised by forcing her to take leave and change roles after she complained that a male colleague sexually-harassed her when he stared at her breasts.

BHP unlawfully ejected on-hire worker from mine site: Court

The Federal Court will consider whether to fine BHP Coal and order compensation after finding it took unlawful adverse action by excluding a Workpac labour hire worker because he exercised his workplace rights, including by complaining about allegedly unsafe practices.

Landmark pay ruling for workers with a disability

Employers say the remuneration bill for workers with a disability covered by the Supported Employment Services Award might increase by up to 50% following variations that the FWC says will give them a "truly comprehensive range of fair minimum wages" for the first time.