Browsing: Case law (342 items)


Departmental move a transfer, not a dismissal: FWC

A former ATO director who claims sustained bullying and harassment forced her to move to the AEC has failed to establish it constitutes a dismissal, after she used the Public Service Act's voluntary transfer provisions.


ABC sacked Lattouf for Gaza political opinions: Court

The ABC must pay $70,000 compensation for non-economic loss to presenter Antoinette Lattouf for terminating her employment for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza, after a Federal Court ruling this morning.


"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.



FWC upholds sacking after assault in elevator

The FWC has backed the sacking of a worker who shoved and swore at a woman as they rode an elevator towards his office, rejecting his claims of self-defence and that the employer's code of conduct did not apply because his shift had not started.


Commissioner rejects race bias claims

A FWC member has refused to recuse herself, after a worker likened her advice to an alleged bully during a conference to helping a s-xual assault perpetrator escape justice.


Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


"Bullied" worker failed to heed reasonable demands: FWC

The FWC has refused to separate an NBN engineer involved in a dispute over allegedly unpaid hours from a manager held to have bullied him, instead ordering mediation after finding his own behaviour and "pedantic" approach is contributing to his problems.


FWC directs employer to review bullying finding

In a shot in the arm for a paramedic transferred 350km away after an investigator found he bullied a female colleague, a full bench has ruled that bullying falls within a "spectrum of seriousness" and ordered the redetermination of whether he engaged in serious misconduct.


No diminuendo for pianist's adverse action claim

In a judgment raising the possibility that State workplace protections could extend to independent contractors under the Fair Work Act, Federal Court Chief Justice Debra Mortimer has today dismissed Melbourne Symphony Orchestra's bid to strike out a freelance pianist's adverse action claim that it discriminated against him by cancelling a performance after he accused Israel of committing war crimes.


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