Browsing: Case law | Page 7 (369 items)


FWC upholds autistic worker's sacking for overstepping boundaries

A NDIS provider has refuted allegations it took unlawful adverse action by sacking a worker because of her autism spectrum disorder, with a FWC consent arbitration finding her efforts to rescue a dog and dispose of a client's medication exceeded the scope of her duties.


FWC backs BHP's sacking of "extremely intoxicated" harassing worker

The FWC has ruled that an intoxicated FIFO female mineworker rubbing up against and trying to hold hands with her male colleagues when commuting to her worksite amounted to harassment and s-xual harassment and warranted BHP dismissing her.


Full court overturns ADHD/autism discrimination ruling

A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.


Big payout after UK menopause discrimination ruling

A UK IR tribunal has awarded a teacher £61,000 ($118,000) for disability discrimination and unfair dismissal, after her employer failed to make reasonable adjustments for symptoms of menopause and anxiety and then dismissed her for incapacity, but failed to consider suitable alternative roles.


English skills a valid factor in HR manager's redundancy: FWC

The FWC has accepted that a company made a HR manager redundant on her return from parental leave due to her discomfort with interviewing English-speaking job candidates and downsizing directions from its Chinese head office, rather than her status as a new mother.


Commission's "incorrect" advice warrants extension

The FWC has extended time for a worker's general protections application after one of its employees gave her "inappropriate" advice, after which she discontinued her initial claims.


No s-xual harassment orders after expression of remorse

The FWC has declined to order a worker to stop s-xually harassing a colleague after accepting he regretted his "inappropriate" remark and that the employer would reduce future interaction between the two employees "as much as possible".


Sting in tail of flex order for defiant WFH worker

The FWC has warned employers against giving "generic and blanket HR answers" when they provide their "reasonable business grounds" for knocking back flexibility requests, before ultimately rejecting a bid from a worker with challenging caring responsibilities to continue working entirely from home.


Discrimination exemption won to engage male disability carers

A tribunal has granted a family a five-year exemption from anti-discrimination laws to only engage male support workers to assist their non-verbal son, who has a severe to profound intellectual disability, after he refused to accept directions from "even very experienced" female support workers.


Bench sets dates for aged care work-value rises

A five-member FWC full bench has decided work value pay rises of up to 28.5% for aged care workers should be staggered, with many to receive half their increase from January and the second half from next October.


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