Browsing: Case law (389 items)


Not even a cup of coffee: Bias case rejected

FWC member and former ETU NSW branch secretary Bernie Riordan has thrown out a demand that he recuse himself from an anti-bullying case due to his alleged "connection" with a union leader named as a respondent, saying the tribunal would "grind to a halt" if it acceded to such requests.


$125K costs against worker in "textbook" case

A rope access technician has been ordered to pay $125,000 in costs after pursuing a failed underpayments and discrimination case described by the judge as "a textbook example of launching an action without reasonable cause".


FWC's "limited" response to HR manager's suppression bid

The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.


Worker forced to store br-astmilk in suitcase wins $205K

In a default judgment, a federal court has ordered the UAE consulate to pay an Australian worker almost $205,000 in penalties, compensation, interest and costs for s-x discrimination and adverse action, after her employer forced her to br-astfeed in a storeroom, store her milk in a suitcase filled with ice, and denied her unpaid parental leave, before dismissing her.


"Strong stance" on racism undermined by sacking process

The FWC has applauded an employer for its "strong stance" in sacking a worker who told a toolbox meeting that Chinese people are "taking our jobs", but nevertheless awarded him $4000 compensation because of shortcomings in the dismissal process.


Tech One repels manager's $55M challenge

The Federal Court has dismissed an adverse action claim by the former Victorian manager for listed software company Technology One, in which he initially won a now overturned $5 million payout, and sought nearly $55 million on retrial.


SCHADS gender undervaluation case returns tomorrow

A FWC expert panel is inviting parties to the SCHADS award gender undervaluation case to tell it at a hearing tomorrow what they think of a possible new classification structure thrashed out in a series of conferences, as an alternative to the panel's provisionally-floated model, and to weigh in on multiple issues in dispute.


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.


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