Browsing: Case law (382 items)


Tribunal rejects neurodivergent worker's bias claim

The Queensland IRC has rejected a claim that the State health deparment's promotion and interview process indirectly discriminated against neurodivergent people because of systemic barriers that prevented them fully participating, but has suggested it provide further training for selection panels.


Dismissing "whistleblower's" case "an extreme step": Judge

The Federal Court has rejected Skycity Adelaide casino's bid to dismiss for want of prosecution an employee's claim that it sacked him for whistleblowing, finding it "would have an air of punishment about it".


Legislative divide sinks harassment case

An application to deal with a s-xual harassment dispute has been ruled invalid after the FWC found the alleged conduct a continuation of actions that began before new powers to intervene took effect.


PSA industrial officer not sacked over complaint: Court

A PSA South Australia industrial officer who claimed the union decided against extending her contract because she complained about a bullying colleague has lost her adverse action claim.


Woolies right to sack harassing manager: FWC

The FWC has backed Woolworths' summary sacking of a 63-year-old manager found to have s-xually harassed a 29-year-old colleague when he sent her a red lipstick kiss emoji and texted "I love you".


"High-stakes" MSO case to be heard next year

A "high-stakes" case set to test whether State workplace protections extend to independent contractors under the Fair Work Act has been set down for a three-week trial beginning in May, after Federal Court Chief Justice Debra Mortimer agreed that having enough time to assess witnesses is "critical" in such proceedings.


FWC approach to flex requests "disappointing": Expert

The FWC's approach to assessing flexible work disputes is potentially undermining workers' rights to plan ahead, an academic has warned, after the tribunal held that a Sydney Water employee could not make such a request in the lead-up to his 55th birthday, and found a father ineligible until he finalised his custody arrangement.


ASU makes final pre-arbitration push for SCHADS deal

FWC President Adam Hatcher has asked parties to the SCHADS award gender undervaluation case to consider participating in an ASU-proposed conference to resolve outstanding issues, saying that if it proceeds, he will give any consensus deal arising from it "significant weight".


Jail threats show campaign is working: ASU

The ASU will forge ahead with nationwide protests tomorrow despite the Australian Industry Group's accusations that it is engaging in unlawful retaliation and intimidation, ahead of a hearing of the SCHADS award gender undervaluation case on Monday.


Workers can bank on WFH after FWC ruling: FSU

The FSU says employers are now on notice that they must have genuine business grounds for refusing flexible work arrangements, after the FWC made orders to enable a Westpac employee to work from home to care for her children, finding "no question" her role can be "performed completely remotely".


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