Browsing: Case law (694 items)


Costs awarded after "heckling" in court

A judge has overlooked a law firm member's "deplorable" heckling during a hearing in awarding costs against an "experienced litigator" and his firm for persisting with a stay application that unreasonably extended a solicitor's dismissal challenge. NOTE: This article has been corrected after initially stating that the heckling came from the bar table.


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.


Incorrectly naming employer not fatal: Bench

A FWC full bench has made it clear that correctly identifying an employer is not a "jurisdictional precondition" when pursuing a general protections dismissal dispute.


Different engine under contractor bonnet: FWC

A project manager who argued that putting a Ferrari badge on a Toyota "doesn't make it a Ferrari" can pursue an adverse action case after the FWC found his employer labelled him an independent contractor merely to facilitate his request for his pay to go into a trust account.


"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.


"Sycophantic" AI led worker towards contempt of court

A judge has fired a shot across the bow of litigants relying on "sycophantic" AI to run their cases, observing that a delivery driver alleging adverse action came "perilously close" to being held in contempt after failing to produce evidence found to be either mischaracterised or non-existent.


$2.3M payout for space base ex-chief

An insolvent NT "space base" has been ordered to pay $2.3 million to its former chief executive, ousted shortly before NASA launched three commercial rockets from its Cape York site.


"Anodyne" case not worthy of suppression order: Judge

A Federal Court judge has awarded costs against retailer H&M after expressing bemusement at its reasons for seeking to suppress seemingly "anodyne" details of an adverse action case brought by its former Australia/NZ HR leader.


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.


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