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388 articles are classified in All Articles > Workplace policy > Case law


No homophobic slur by CFMMEU organiser: Court

The Federal Court has today reversed a judge's finding that a CFMMEU organiser directed a "disgusting" homophobic slur towards a construction project's safety advisor, while it also axed a personal payment order against him.

Stay for teacher accused of s-x with student

A tribunal has stayed a teacher's unfair dismissal claim while he awaits the result of his "working with children" check, after the NSW Department of Education sacked him for allegedly contacting a student on Grindr and then having s-x with him at school.

Court rejects defamation appeal over alleged racist comment

The WA Court of Appeal has thrown out a nursing assistant's challenge to a judge's rejection of her $750,000 defamation claim, which she brought against her employer because a registered nurse accused her of saying "I hate working with Africans".

Labour supplier failed in duty to accidental thief: FWC

The FWC has found that although a worker's accidental removal of tools from a mine site provided a valid reason, his sacking was unfair because his labour hire employer failed to investigate the incident and didn't give him proper notice, or the opportunity to respond.


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.

Bench refuses to spike unvaxxed worker's tardy dismissal claim

A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.

"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.

Tribunal backs restrictions on second-job lawyer

A prison officer who also works casually as a lawyer has lost his challenge to a Queensland Corrective Services ban on him representing colleagues in cases against it or in domestic violence, traffic offence and criminal matters.