The FWC has given the go-ahead to a scientist's adverse action case despite claims she "played" the employer by obtaining a reference stating she resigned for health reasons, before refusing to sign a release deed and initiating legal action.
An employer did not force the resignation of an experienced HR manager suffering a difficult pregnancy when it refused to grant her a year's parental leave, a court has found.
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.
As Telstra next week prepares to defend a Federal Court class action on behalf of employees who refused to comply with its COVID-19 vaccination policy, the FWC has held that it met consultation requirements and "bent over backwards" to ensure fairness before sacking a worker with a moral objection to being jabbed.
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.
The Federal Court will this morning hear a bid by Teal MP Monique Ryan's chief of staff to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to "hostile conduct".
Qantas has questioned whether there could ever be an instance where employers can lawfully outsource work if the High Court rejects its challenge to a ruling that it took adverse action against 2000 former ground crew employees when it shunned a TWU in-house tender in favour of an external bid.
A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.
A couple who unsuccessfully sued Senator Jacqui Lambie for allegedly unlawfully sacking them in 2017 has been ordered to pay almost $100,000 in costs to the Federal Government after a judge found numerous aspects of their case "unreasonable".
In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".