Browsing: Case law (655 items)


"Pay equity" does not require "amputating" senior men

An employer repudiated the contracts of male managers and dismissed them when it reduced their classification levels and wages to parity with female co-workers for "pay equity" reasons, as the demotions involved substantial reductions in remuneration, the FWC has found.


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".


DEI advisor forced to resign: Tribunal

A DEI specialist found by the FWC to have been left with no option but to resign claims power company Endeavour Energy directed her to sideline an Indigenous man she selected to chair a NAIDOC week event, so that its head of organisational development could host it to "raise her professional profile".


PSA industrial officer not sacked over complaint: Court

A PSA South Australia industrial officer who claimed the union decided against extending her contract because she complained about a bullying colleague has lost her adverse action claim.


No false start for anti-bullying application

Racing Victoria has failed to persuade the FWC to hold off considering its chief veterinarian's claims that it pressured her to declare horses fit to race, a member noting that while the case had "substantial overlap" with an adverse action matter initiated in the Federal Court, they would move at different paces and address different questions.


"Untenable" bid to remodel sacking as abandonment

The FWC has rejected a wellness and body shaping centre's "absurd" suggestion that an employee abandoned her employment by failing to attend a single shift, when it had directed her not to attend work until it arranged a disciplinary meeting.


"High-stakes" MSO case to be heard next year

A "high-stakes" case set to test whether State workplace protections extend to independent contractors under the Fair Work Act has been set down for a three-week trial beginning in May, after Federal Court Chief Justice Debra Mortimer agreed that having enough time to assess witnesses is "critical" in such proceedings.


Costs against worker accused of "delay strategy"

A disability support worker who lodged a general protections claim against a man with quadriplegia for allegedly forcing him to resign as a carer must pay part of his legal costs after holding out for too long on a settlement.


"No reverence" for directions as self-representation rises

A senior FWC member has rejected a costs claim, observing that with rising numbers of self-represented applicants using the tribunal to pursue grievances, its directions are "not always treated with the same reverence and compliance" as in other forums.


Bench takes chisel to sculpture festival sacking

A FWC full bench has quashed a finding that Bondi's iconic Sculpture By the Sea event did not sack an art installer, finding a manager's email calling for a "pause on our working relationship" conveyed an intention to terminate his employment.


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