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


"Insensitive", profane manager loses adverse action case

A European expatriate who regularly swore at his Australian subordinates in an apparent attempt to spur them to achieve work standards expected in his homeland has lost his adverse action case against his former employer, after a court ruled his behaviour warranted summary dismissal.


Qantas, TWU outline compensation case battlefronts

Qantas wants to pay "significantly reduced" compensation to about 1700 ground crew whose jobs it unlawfully outsourced at the height of the COVID-19 pandemic, the Federal Court has heard.

Underwhelming settlement offers torpedo costs bid

An employer has failed to win costs against a former sales representative who rejected five increasing settlement offers before losing her adverse action case, a judge observing that there was "nothing especially alluring" about any of the offers.

"Opaque" termination letter unhelpful: FWC

The FWC has extended time for a TAFE worker to challenge his sacking after accepting that he might have misinterpreted the employer's "wrongheaded" language and taken it to mean it took effect on the date it announced the result of a review of its decision.

No fast lane for Lattouf's unlawful dismissal case

Media host and writer Antoinette Lattouf has failed to have the ABC's jurisdictional objections to her unlawful dismissal case referred directly to a FWC full bench, despite arguing that she will appeal an unfavourable finding and that she "anticipates" that the broadcaster will do the same.

Minters lawyer for Rio Tinto not unfair: FWC

A worker has failed to convince the FWC that permitting "billion-dollar company" Rio Tinto to engage an external lawyer to defend a general protections claim would unfairly disadvantage him.

Lattouf opens up second front in ABC stoush

Lawyers for media host and writer Antoinette Lattouf have taken her high-profile departure from the ABC to the Federal Court, alleging she was unlawfully sacked in breach of the ABC's enterprise agreement.

Last-minute payment fails to appease FWC president

Paid agent Employee Dismissals has returned a worker's general protections settlement at the eleventh hour, but will still have to face a full bench before appearing in future hearings.

IR agent on notice after failure to follow presidential directions

FWC President Adam Hatcher has told a paid IR agent it will have to clear a full bench hurdle before winning permission to appear in future cases before the tribunal, after it ignored directions to repay a settlement sum that never found its way to a client.