Browsing: Case law | Page 13 (674 items)


"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.


Sacking followed perceived "badgering" of national HR chief

A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.


Westpac wins suppression orders in adverse action case

In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.


"Entitled to inquire" about lawyer's conduct: Judge

A judge has rejected suggestions that he "inferred misconduct" on the part of lawyers acting for a construction giant in an adverse action case that has moved on to weighing damages and compensation.



"Genuine" apology helps reduce fine for sports giant

A "wealthy" global sports company's mistaken belief that a sacked manager took unapproved days off has contributed to a judge finding that it should be hit with only 25% of the maximum penalty for taking three months to pay out his annual leave entitlements.


No stay for employer seeking to defend bushfire sacking

Construction giant Laing O'Rourke has failed to block consideration of compensation and penalties while it appeals a finding that it unlawfully sacked a manager over an altercation at a party during a bushfire recovery project.


Academic's 'cancel culture' win overturned by full court

Sydney University will not have to reinstate a lecturer sacked five years ago for superimposing a swastika on an image of an Israeli flag, after a full Federal Court majority found he could not prove that his "incendiary" conduct fell under intellectual freedom protections.


Airport worker's emails to high fliers warrant extension: FWC

The FWC has extended time for a Swissport worker to pursue a four-minute late adverse action claim given the "significant steps" he took to dispute his sacking, including sending unanswered emails to the company's head of Asia Pacific operations, global chief people officer and head of global operations.


$12K costs against AAT associate who wanted to "box on"

A migration agent accused of having active cases in the Administrative Appeals Tribunal after he started working for it as an associate must pay $12,000 towards its legal costs after pursuing an unsuccessful adverse action claim challenging his sacking.


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