Browsing: Case law (620 items)


Departmental move a transfer, not a dismissal: FWC

A former ATO director who claims sustained bullying and harassment forced her to move to the AEC has failed to establish it constitutes a dismissal, after she used the Public Service Act's voluntary transfer provisions.



Worker's counsel bowled-up secrecy bid "clincher": Judge

The Federal Court has today ordered an employee to pay indemnity costs, after he unreasonably refused his employer's "entirely reasonable and sensible" request for a "brief period of voluntary restraint", forcing it to obtain an order to suppress evidence in his general protections application.


ABC sacked Lattouf for Gaza political opinions: Court

The ABC must pay $70,000 compensation for non-economic loss to presenter Antoinette Lattouf for terminating her employment for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza, after a Federal Court ruling this morning.


Sacked Google engineer left searching for answers

A former Google software engineer who accused the tech giant's HR staff of bullying will not get to pursue it for adverse action after the FWC comprehensively rejected claims that two law firms and two barristers were to blame for a five-month delay in filing her case.


"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.


Aldi admonished for heavy-handed approach to late case

A judge has criticised Aldi for adopting an "unnecessarily technical position" against a self-represented worker but ultimately rejected his bid for a six-month extension to file a general protections claim, after finding he falsified medical evidence.


"Willing to accept" email locked in binding settlement

A $400,000-a-year company lawyer's adverse action case has fallen at the first hurdle after the FWC found him bound by a settlement deed despite claims that its terms had not been finalised.


No pearl in oyster bar's costs claim

The FWC has rejected an employer's $5000 costs claim against a self-represented worker while questioning its use of lawyers, finding some expenses not "judiciously incurred" in defending her constructive dismissal case.


Junior court identifies limits of whistleblower remedies

The Federal Circuit and Family Court has told a senior manager it lacks the power to declare Bunnings breached whistleblower laws when it allegedly sacked him after he accused it of short-changing staff, but it can award compensation if his claims succeed as part of his adverse action case.


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