Browsing: Case law | Page 4 (435 items)


FWC pans consulate's "fixed-term" retirement policy

A consulate must compensate a driver whose contract demanded he retire at 65, with a senior FWC member finding no reason why India's government cannot revise its "discriminatory" compulsory retirement policy for Australian-based employees.


Hearing looms for delegates rights case

The first test case for the delegates' rights provisions legislated by the Albanese Government is set to be heard in the Federal Court in Brisbane next week.



"Emotional" history not relevant to resignation: FWC

The FWC has rejected a manager's general protections dismissal dispute claim after finding that she waited too long to withdraw a resignation supposedly given "in a state of distress" and holding that the employer's knowledge of her tendency "to make 'emotional' decisions" had no relevance.


Neurodiverse worker's fate part of "unforgiving trend"

A 20-seconds late FWC lodgement has been fatal for a worker who claimed her employer discriminated against her when it dismissed her for refusing to undergo an independent medical examination after she disclosed her neurodiversity.


Harassment case undermined by lack of HR complaints

A judge has rejected a supervisor's claims that managers and colleagues subjected her to years of s-xual harassment and discrimination based on her race, s-x and multiple pregnancies, placing significant weight on her failure to raise complaints with HR.


Ruling delivers "powerful message" to harassers

In the first fully contested Federal Court case to consider new s-xual harassment protections in the Fair Work Act, a judge has relied heavily on a FIFO apprentice's dinnertime revelation to her parents that her supervisor asked her for a "bl-w job" to find he s-xually harassed her.



Big employer's "breathtaking response to managing risk"

The FWC has urged the operator of Melbourne's rail network to review its approach to s-xual harassment claims after a "troubling" finding that representatives from its HR department could not pinpoint who had carriage of a complaint and struggled to identify relevant policies and procedures.


Charity faces job candidate race bias claim

A prospective migrant living in Egypt has won limited document discovery against an Australian charity running a refugee employment program, in a race bias complaint alleging there is "a stark disparity" between its placements for South Sudanese and other candidates.


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