Browsing: Case law | Page 4 (385 items)


Insistence on husband's health status biased: Tribunal

A roadside assistance and financial institution discriminated against a customer service officer by requiring clearance from her husband's specialist to confirm she would not put him at risk by returning to the office during the pandemic, a tribunal has held.


Translation to help worker understand employer's "concerns"

The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.


$150,000 damages for s-xually-assaulted worker

A tribunal has awarded a worker s-xually harassed and assaulted by her boss $140,000 in damages, based on the nature of the conduct and the continued "profound and significant detrimental impact" on her quality of life, plus $10,000 in aggravated damages and $26,500 in costs.


"Bullied" worker put colleagues through "ordeal": FWC

A worker who made unfounded bullying complaints against 11 alleged perpetrators, including a senior HR manager, two HR team members, a safety specialist and an in-house lawyer has been castigated by the FWC for putting his colleagues through an "ordeal" and advised to refrain from making any further "baseless" complaints.


HR manager not forced to resign over flex request

A senior HR manager has failed to establish that Uniqlo forced her to resign by rejecting her requests to return two days a week after parental leave, the FWC noting she was "clearly aware" of her right to lodge a flexible work dispute.


Gendered "microaggressions" did not force resignation: FWC

A former Matildas star and Olympian was not forced to resign from her job at a remote gas facility because of alleged "microaggressions" that included being assigned "non-complex work" and persistent references to "fellas" and "gents", the FWC has found.


Watchdog's conduct wanting in Autism-bias case

A worker has failed to convince the FWC that Victoria's corruption watchdog dismissed her because of her "combative communication style" and her "unnecessary assessment of colleagues' work", which she argued amounted to manifestations of her Autism, rather than because of her misconduct.


Bullying of transgender worker not made out: FWC

An aged care employer's investigation into allegations made against a worker amounted to reasonable management action, rather than inconsistent treatment because the worker is transgender, a fact the employer only became aware of during proceedings.


Indemnity costs against anti-vax worker

A poultry processing worker sacked for refusing to vaccinate against COVID-19 has been ordered to pay indemnity costs after a judge found her former employer did not need to defend accusations of religious discrimination and consultation failures.


HSU industrial officer withdraws harassment claim

A HSU senior industrial officer who claimed a branch secretary s-xually harassed her has discontinued her adverse action and s-x discrimination action that had been due to surface in the FWC yesterday.


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