Browsing: Case law | Page 21 (266 items)


Adverse action roundup: AWU out of time in gas company pursuit; & more

FWC refuses extension for AWU adverse action case against gas companies; Mental health hospitalisation deemed "exceptional circumstances"; Violent confrontation not an exercise of workplace rights; and Manager's "kicked like a dog" complaint did not lead to adverse action: Court.


Company ordered to pay $1.3 in damages for bullying, harassment

A construction company - which came to the attention of the Heydon Royal Commission for paying AWU membership fees on behalf of employees, even if they were not members - has been ordered to pay $1.3 million in damages after admitting it failed to prevent a female labourer being s-xually harassed and bullied by her workmates.



FWC says bullying claim not vexatious, rejects $50,000 costs bid

The chief executive and a manager of a chamber of commerce and industry who withdrew bullying and harassment complaints once they no longer had contact with the alleged perpetrators did not act vexatiously or without reasonable cause in seeking anti-bullying orders, the FWC has found.


Visa worker in "unusual" and "exploitative" arrangement unfairly sacked: FWC

The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.


ER chief's adverse action bid fails

The Federal Court has rejected an employee relations specialist's claim that her employer took unlawful adverse action when it sacked her for taking sick leave after she suffered a mental breakdown and made allegations of sexual harassment.


Bullying risk continuing for DP World trio: FWC

Three DP World stevedoring employees exposed to prolonged bullying by workmates and fellow MUA members face a real risk of the conduct continuing on their return to work because a "system of authority and control" remains in place at a Melbourne container terminal "which stands apart from" the company.


Supervisor sacked over "indecent search" complaint gets job back

The FWC has ordered Sydney's St Vincent's Hospital to reinstate a security supervisor it sacked after an external investigation found his complaint about indecent touching of a psychiatric patient was falsely made to bully or harass a colleague.



Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.


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