Browsing: Case law | Page 6 (620 items)


Costs fixed for teacher claiming s-x, pregnancy discrimination

The former acting principal of a Sydney Islamic school has won a court order fixing costs at $40,000 as she pursues its leadership for allegedly subjecting her to s-x, racial and pregnancy discrimination, including by telling her she should stay home and look after her children.


Court suppresses GP case documents until mediation

The Federal Court has suppressed a Channel Seven producer's statement of claim and other documents lodged in connection with her general protections claim, saying that releasing details of alleged workplace behaviours would reduce the chances of achieving a mediated outcome by taking a "bargaining chip" off the table.


Paid agent hit with costs after running hopeless case

An employer has won a rare costs order against an experienced paid agent after the FWC agreed that he should "never" have run a pregnancy discrimination case given there was no evidence the on-hire worker was ever dismissed.


FWC upholds autistic worker's sacking for overstepping boundaries

A NDIS provider has refuted allegations it took unlawful adverse action by sacking a worker because of her autism spectrum disorder, with a FWC consent arbitration finding her efforts to rescue a dog and dispose of a client's medication exceeded the scope of her duties.


Decision-maker uncertainty fatal to adverse action defence: Court

In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.


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.


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