Legislation page 1 of 2

20 articles are classified in All Articles > General protections and adverse action > Legislation


"Sad" echoes of stolen generation in unlawful sacking: FWC

The FWC has found an Aboriginal corporation took unlawful adverse action by sacking three cultural heritage field officers for failing to prove ancestral connections, noting it was a by-product of the misery inflicted on victims of the stolen generation.


Court fines CFMEU for organising waterfront blockade

A court has fined the CFMEU and two organisers almost $100,000, after finding the union engaged in unlawful coercion and adverse action when it organised a blockade at the $1.6 billion Port of Melbourne expansion project because an employer refused to bargain.

Union has standing for adverse action case: Full court

A full Federal Court has dismissed regional airline Rex's attempts to challenge a pilots' union's standing to pursue an adverse action claim for non-members, concluding it is entitled to represent the industrial interests of eligible non-members.

Court makes important ruling on "reasonable notice"

A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".



Refusing to engage former organiser was adverse action: Court

A project delivery and maintenance contractor took adverse action against a former union official when it refused to employ him at a major project site because of his background as a unionist and concerns over his former "adversarial" views on the project, the Federal Court has found.


Trainee wins adverse action appeal on one count, but loses on others

The Federal Court has cast doubt on whether there is a basis for ordering a company to pay penalties or compensation for adverse action against a worker, because it never acted on a recommendation to dismiss him for making a harassment claim that allegedly had shaky foundations.