Browsing: Case law | Page 53 (674 items)


Roulette supervisor loses dismissal appeal, but wins on costs

A roulette supervisor has failed to challenge the rejection of her claim that a casino's failure to offer overtime amounted to constructive dismissal, but a full Federal Court has quashed a $30,000 costs order against her after finding it was not unreasonable to ignore a $7000 settlement offer.


Sacked manager seeks $15 million for mental injury, lost pay

As a former state manager's $15 million adverse action claim heads to the Federal Court in April, his employer has denied sacking him for taking sick leave, making bullying complaints or to avoid honouring contractually agreed incentives and bonuses.


"Casual" employee entitled to annual leave: Court

In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.




Court rejects bid to derail adverse action claim

A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.



Court throws out obese worker's adverse action claim

The Federal Circuit Court has rejected the adverse action claim of an obese security officer who accused his employer of unfairly targeting him, transferring him to a position he physically could not perform in another city and then sacking him because he challenged a proposed enterprise agreement.


CSL immune to misleading conduct, adverse action claims

An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.


Sacked anaesthetist seeks to resuscitate her job

A specialist anaesthetist is pursuing a public health service for reinstatement and damages, claiming her summary dismissal breached adverse action provisions, the enterprise agreement and her employment contract, costing her $40,000 a month in lost remuneration.


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