Case law page 1 of 18

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



Backpayments for early-starting working mother

A tribunal has ordered the ACT Government to re-credit more than 200 hours of personal leave to a worker who accused it of discriminating against her on the basis of her parenting responsibilities by refusing to let her start work before 7.30am.

"Too old" worker wins exemplary damages

A building company that must pay $3000 to a construction worker for telling him he was too old for an advertised job, because he would be likely to have a heart attack, has been hit with a further aggravated damages payout due to a "derogatory" letter from its lawyers.

Law firm wins costs against partner who claimed s-x bias

The Federal Court has ordered costs against a lawyer denied leave to pursue a s-x discrimination claim, finding she did not establish a reasonably arguable case that a law firm used bullying allegations to oust her as a partner because she was a "strong female leader".

Union sued for $900K over alleged age bias, bullying

A former HSU NSW branch organiser is suing the union for more than $900,000 in an adverse action case in which she claims to have been sacked because of her age and bullying complaints against her manager.

FWC loses patience with tenuous unlawful dismissal case

Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.


Tribunal refuses to extend helping hand to sacked worker

A worker sacked after allegedly masturbating at work when he claimed he was scratching a persistent rash between his pubic bone and belly button has failed to establish that his employer discriminated against him on the basis of an impairment.

"Gay" colleague disputed touching was inappropriate: Claim

Financial services company IOOF is facing simultaneous adverse action claims, one from a former senior manager who alleges it sacked her because she was suffering from workplace stress and another from a manager claiming sexual harassment and gender discrimination.

Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.