Browsing: Case law (647 items)


"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.


End of line for MP's advisor who went "nuclear"

A former parliamentary officer who took a "shock and awe" approach and went "nuclear" after a federal MP made him redundant post-election has lost his bid to pursue an adverse action case in tandem with a discrimination claim.


ABC fine a warning against caving to cancel culture

Senior ABC managers failed to consult in-house IR and legal experts and "blithely ignored" risks when the organisation "capitulated" to critics and sacked presenter Antoinette Lattouf over her political views on the Gaza war, which warranted a substantial penalty to deter a recurrence, Federal Court judge Darryl Rangiah found today.


Court orders ABC to pay $150,000 penalty to Lattouf

The Federal Court has today ordered the ABC to pay former presenter Antoinette Lattouf a fine of $150,000 for unlawfully sacking her for reasons including her political opinion opposing the Gaza war and breaching its enterprise agreement.


FWC member rebuffs another recusal bid

FWC deputy president and former federal Labor MP Terri Butler has refused to recuse herself from dealing with a general protections dispute against the TWU, for which she acted while working at Maurice Blackburn Lawyers.


AI hallucinations insufficient for costs security order

A court has found that a self-represented worker who drafted her submissions with assistance from artificial intelligence, which generated non-existent authorities, should not be subject to a security of costs order, despite the additional expenses the employer allegedly incurred.


Adero to lodge Super Retail class action next week

As Adero Law prepares to file a class action accusing Super Retail Group of underpaying up to 3000 store managers via an "entirely foreign" annualised salaries system, the company has sacked its chief executive over his affair with its former head of HR, while defending proceedings launched by two whistleblowers.


Lack of definitive test makes cases a minefield: Silk

The absence of a definitive test to discharge the reverse onus in adverse action cases, particularly in those involving multiple decision-makers, "is a very unsatisfactory state of affairs and needs to be cleaned up", silk Marc Felman told the Federal Court's recent annual employment law seminar, with a nod to the judges in attendance.


No extra time for worker assaulted after overdose

A worker s-xually assaulted after her hospitalisation for a deliberate overdose has failed to win extra time to pursue her late general protections claim, which the FWC provisionally found has no merit.


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