Case law page 1 of 21

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


ETU says it won't wear ban on union T-shirt

The ETU is suing the operator of Victoria's electricity transmission and distribution network for banning a delegate from wearing his union-branded T-shirt, claiming it is taking adverse and discriminatory action by threatening that it might dismiss him if he wears it again.

Employer held accountable for "disestablishment" of role

A university faces possible reinstatement and penalty orders following a finding that it used redundancy to manage-out a complaining accountant who was considered by her supervisor to be "poisonous to the team environment".

"Severe reaction" to sacking excuses late filing: FWC

In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.

Court can't convert unlawful sacking to general protections claim

A Federal Circuit Court judge forced to throw out a worker's general protections claim because he mistakenly filed it using an unlawful termination application form has conceded that it "goes against ordinary concepts of fairness".

Worker's ostrich-like approach defeats extension bid

The FWC has refused to grant a 1383-day extension to a casual Coles employee who was notified of his dismissal almost two years after working his last shift in 2014 but failed to contest it in time because he "put his head in the sand".


Hurt and humiliation payout after "most unkind" accusation

An employee criticised as being ungrateful about securing a restaurant job despite her disability has won $12,500 in compensation for the hurt and humiliation she experienced during her dismissal after 12 weeks.

Court temporarily reinstates sacked union delegate

The Federal Court has ordered a timber factory to reinstate a CFMMEU delegate while it determines his adverse action claim, noting a "distinct coincidence" in his sacking soon after joining the union and becoming involved in bargaining that appears "too acute to be accidental".

Big payout for GM sacked over safety complaint

A former general manager has won more than $120,000 in penalties and $240,000 in unpaid share entitlements after the Federal Circuit Court found his employers breached his employment contract and sacked him for making a safety complaint to Worksafe.

Sacked for political views, claims One Nation candidate

A One Nation candidate is suing over alleged adverse action based on her political views after she was sacked by a renewable energy company over campaign material said to conflict with its interests and for taking unauthorised days off in the lead-up to the Federal election.