Browsing: Case law | Page 10 (655 items)


Perth "triggering" effect scuttles transfer bid

A Federal Court judge has refused to transfer a safety executive's adverse action case from Sydney to Perth, partly because of her claim that simply setting foot in the city where she was sacked has a "triggering" effect on her mental health.


Manager fails to sharpen unreasonable hours case

A judge has compiled a checklist for workers pursuing employers over unreasonable hours, highlighting the difficulties a product marketing manager faces in building her adverse action case without detailed evidence of workloads, deadlines and demands to complete tasks.


Commission's "incorrect" advice warrants extension

The FWC has extended time for a worker's general protections application after one of its employees gave her "inappropriate" advice, after which she discontinued her initial claims.


Manager awarded $1.5 million for career derailment

A court has awarded a former Laing O'Rourke manager more than $1.5 million in compensation and damages after finding his sacking, for allegedly intimidating property owners during the 2020 bushfire recovery effort, unlawfully interrupted his career trajectory.


Paid agent blocked from representing 46 applicants

A FWC full bench has brought the hammer down on under-fire paid agent Employee Dismissals, refusing permission for it to represent any of 46 workers who have made unfair dismissal and general protections applications.


Late application can't be "pinned" on union: FWC

A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".


Worker sacked after "doing a Jenny": FWC

A transport company sacked a manager when it failed to specify it would not pay out his notice period if he accepted an offer to leave early following his resignation, the FWC has found.


Workers "should not be left wondering" about investigation results

An employer's failure to properly communicate the result of an investigation to a worker accused of an inappropriate relationship with a subordinate increased his discomfort at work, but did not force him to resign, the FWC has found.



Missed email explains late application: FWC

An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.


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