Browsing: Case law (674 items)


ER manager to replead circumstances of sacking

A former Accenture ER manager will have a chance to replead an adverse action case in which she alleges she spent years pressing the global professional services firm to address potential exposure to multi-million dollar claims for unpaid overtime before it sacked her for supposedly "preventing" further analysis of the issue.


No benefit of doubt for unresponsive applicant: FWC

A FWC presidential member has made it clear that he has no patience for applicants who go "incommunicado" once a case begins, asserting that the Commission has the right to "control its own process" to avoid "pointless time wasting".


"Embarrassingly poor" representation explains delay: FWC

A FWC presidential member has blasted the "exceptionally and embarrassingly poor" service provided by a law firm held responsible for filing a garbage collector's general protections matter 125 days' late.


Sacked radio stars in court this month

A Federal Court judge will this month deal with intersecting adverse action and breach of contract claims from former KIIS FM co-hosts Kyle Sandilands and Jackie Henderson, with the latter also accusing the network of failing to protect her from alleged bullying and psychosocial hazards following her previous complaints.


Worker fined $9K for "dead dog" threat

The Federal Court has slugged a wharfie almost $10,000 for telling a colleague "You'll end up dead dog" if he kept escorting on-hire workers through a lawful picket during a strike at Fremantle port in 2021.


Worker exposed to costs after FWC ejects AI-aided claim

A senior FWC member has told an employer he would "welcome" a costs application after rejecting an AI-assisted general protections bid in which a worker relied on "incoherent" legal arguments and falsehoods to reframe his resignation as a constructive dismissal.



"Disastrous" FWC burden on chopping block

The Albanese Government is considering scrapping a "disastrous" requirement for the FWC to decide whether workers have been sacked before conciliating dismissal-related general protections claims, as part of its response to the tribunal's ballooning workload.


$125K costs against worker in "textbook" case

A rope access technician has been ordered to pay $125,000 in costs after pursuing a failed underpayments and discrimination case described by the judge as "a textbook example of launching an action without reasonable cause".


Big payout for Catholic charity's unlawfully sacked manager

A judge has flagged compensation of more than $600,000 for a former St Vincent de Paul Society senior manager unlawfully sacked following a "sham" HR probe, but declined to award more after finding she misled the court and exaggerated her incapacity.


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