Case law page 10 of 54

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


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.

Pandemic no "stalking horse" to undermine rights: Court

In a detailed examination of a major government department's early response to the COVID-19 pandemic, the Federal Court has rejected union claims that a hastily-conceived working from home policy breached existing arrangements and consultation requirements.

FSU fails to extinguish case against union, leader

A court has declined to take the "extreme" step of throwing out a general protections case with a "long and troubled history" brought by a former FSU employee against the union, its national secretary and a state leader.

Harassment sacking not a case of "social origin" bias: Court

A court has tossed out a former accountant's novel claim that Bunnings' decision to dismiss him after discovering he had s-xually harassed a supervisor at a different job more than a decade earlier amounted to discrimination on the basis of "social origin".

Sacked safety manager alleges "covert influence" of CFMMEU

A court has rebuffed a safety manager's attempt to unearth physical evidence that Watpac sacked him as a result of union pressure rather than for allegedly instigating anonymous threats to a CFMMEU delegate and his partner.

Court rebuffs Employsure suppression bid

IR advisor Employsure has failed to stop Workplace Express from accessing part of a manager's adverse action claim, after contending that it contained confidential information about a restructure that could give competitors an advantage.

Former law firm partner seeks $2M over alleged discrimination

A lawyer is suing her former firm for $2 million in a case accusing it of misrepresenting her employment as that of an independent contractor and discriminating against her because of her gender, race and age.

Court throws cloak over ACIC adverse action case

The Australian Criminal Intelligence Commission has in winning broad-ranging suppression orders "strongly" rejected the claim by a former IT officer suing it over an alleged "sham" redundancy that such measures were pointless given potential witnesses could be readily identified through their LinkedIn profiles.

Time extended for worker in abusive domestic relationship

The FWC has extended time for a Virgin Australia employee's seven-minutes-late general protections claim after accepting that her "emotionally abusive" domestic relationship that made her "a prisoner in her own home" constituted an exceptional circumstance.