Case law page 1 of 28

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



Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

Employer disputes HR manager's case citing alleged underpayments

A leading solar panel company is challenging a decision to let its former HR manager pursue a novel adverse action claim seeking $125,000 in compensation on the basis she resigned to protect herself against liability for alleged staff underpayments.



Triguboff lawyer's allegations "a fiction", claims Meriton

Meriton Property Services has hit back at its former general counsel's claim that he was unlawfully sacked after allegedly refusing managing director Harry Triguboff's direction to lie in an affidavit, claiming that the scenario was "contrived" in order to pursue damages through the court.

COVID-19's virtual hearings delay trial for employment case

A Federal Court judge has delayed a general protections case until a physical hearing can go ahead in September or October, after revealing he found himself "somewhat surprisingly torn" between the arguments for an in-person or virtual proceeding.


Changing the question can't override estoppal: Court

A judge has re-emphasised the threshold for appealing matters before the FWC to a higher jurisdiction, expressing regret that a full bench's "well-intentioned" observations might have misled a worker into challenging his award classification.

ClubsNSW denies "whistleblower's" sham contracting claim

ClubsNSW is pushing back against a compliance auditor's sham contracting and defamation claims, while also pursuing him in another court for leaking an "alarming" board document to independent MP Andrew Wilkie.