Case law page 9 of 54

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


Former Lambie staffers hit with $95K costs

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".

FWC rules director an independent contractor

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".

Employer should have been told about Autism diagnosis: Court

A judge has dismissed a worker's claims of disability discrimination and adverse action and upheld his sacking for aggressive workplace behaviour, finding that he should have told his employer upfront of his mental health issues and his autism diagnosis.

Removal from WhatsApp group roster a dismissal: FWC

Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.


BHP punted on-hire worker for exercising safety rights: Court

BHP Coal is facing penalties and compensation payments for unlawfully "demobilising" a labour hire truck driver shortly after she refused to dump a load in a poorly-lit area, while it is also accused of "sophistry" in arguing that she had not properly addressed its potential motives.

Unremorseful employer fined for sacking sick mason

A stone benchtops company ordered to pay $163,000 in compensation and damages to a veteran stonemason dismissed because of his work-related silicosis must now pay him a further $76,000 in fines for unlawful and discriminatory adverse action.

Underpaying employers face "stark choices": Judge

A Federal Court judge has while fining a franchisor almost $500,000 for deliberately underpaying Taiwanese interns speculated that a recent High Court ruling will impel more parties to agree on penalties rather than go to trial, an "unfortunate by-product" being fewer judgments offering "yardsticks" for future cases.

Tribunal's "colonial attitude" claim dismissed

A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.

Judge queries conflicting approaches to adverse action cases

A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.