Browsing: Case law | Page 7 (385 items)


Lawyer to pay costs after discontinuing six-year case

A tribunal has ordered a lawyer to pay more than $41,000 of the $371,000 in costs Legal Aid Queensland accrued in defending her "protracted" discrimination and victimisation claims, finding her legal knowledge and lack of supporting evidence justified an order against her.


Right to request flex work overrides agreement terms

The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.


Anti-bullying claim a "waste of resources": FWC

It would have been "sensible" for a worker to take up the "generous support" offered by his employer, rather than filing an "unwarranted" anti-bullying claim, the FWC has ruled, finding a performance management plan, letter of expectations and a warning amounted to reasonable management action.


"Keeping in touch" essential during parental leave: FWC

An employer failed to "adhere to basic standards of decency" when it made an employee on parental leave redundant in an email, without consultation, in "a case that exemplifies the benefits" of having some form of "keeping in touch" system during parental leave, the FWC has found.


FWC upholds sacking for "egregious" harassment

The FWC has, at the same time as rejecting the unfair dismissal claim of a university lecturer who "relentlessly" pursued a personal relationship with a student, held that he s-xually harassed her and that his dishonesty provided a further valid reason to sack him.



Extension granted for potentially "unprecedented" case

A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.


Qantas worker capable of signing settlement: Full court

A full Federal Court has refused to overturn a finding that a former Qantas employee possessed the necessary mental capacity when she signed a deed in 2008 settling her claims of s-x and disability discrimination.


No grounds for sin-binning "gaslighting" lawyer: Court

A court has found no basis for sidelining a lawyer accused of gaslighting a former Workpac employee who claims she lost her placement at Rio Tinto for reporting a colleague's s-xual assault, when her duties involved addressing findings from a s-xual harassment inquiry and a report by former S-x Discrimination Commissioner Elizabeth Broderick.


BHP, Rio targeted in discrimination class actions

BHP and Rio Tinto are facing class actions accusing them of failing to protect women who worked for them and their contractors against sexual assault, discrimination and harassment over the past 20 years.


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