Browsing: General protections and adverse action (775 items)

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Butt out: Speculative claim sparks FWC member's ire

A deputy president has scathingly rebuked a Woolworths worker upset at a colleague suggesting he cover up his "plumber's crack" for bringing an unmeritorious general protections application, lamenting the lack of "effective disincentive for speculative claims" that are fuelling the FWC's "burgeoning caseload".


ER manager to replead circumstances of sacking

A former Accenture ER manager will have a chance to replead an adverse action case in which she alleges she spent years pressing the global professional services firm to address potential exposure to multi-million dollar claims for unpaid overtime before it sacked her for supposedly "preventing" further analysis of the issue.


No benefit of doubt for unresponsive applicant: FWC

A FWC presidential member has made it clear that he has no patience for applicants who go "incommunicado" once a case begins, asserting that the Commission has the right to "control its own process" to avoid "pointless time wasting".


"Embarrassingly poor" representation explains delay: FWC

A FWC presidential member has blasted the "exceptionally and embarrassingly poor" service provided by a law firm held responsible for filing a garbage collector's general protections matter 125 days' late.


Sacked radio stars in court this month

A Federal Court judge will this month deal with intersecting adverse action and breach of contract claims from former KIIS FM co-hosts Kyle Sandilands and Jackie Henderson, with the latter also accusing the network of failing to protect her from alleged bullying and psychosocial hazards following her previous complaints.


Worker fined $9K for "dead dog" threat

The Federal Court has slugged a wharfie almost $10,000 for telling a colleague "You'll end up dead dog" if he kept escorting on-hire workers through a lawful picket during a strike at Fremantle port in 2021.


Worker exposed to costs after FWC ejects AI-aided claim

A senior FWC member has told an employer he would "welcome" a costs application after rejecting an AI-assisted general protections bid in which a worker relied on "incoherent" legal arguments and falsehoods to reframe his resignation as a constructive dismissal.



"Disastrous" FWC burden on chopping block

The Albanese Government is considering scrapping a "disastrous" requirement for the FWC to decide whether workers have been sacked before conciliating dismissal-related general protections claims, as part of its response to the tribunal's ballooning workload.


$125K costs against worker in "textbook" case

A rope access technician has been ordered to pay $125,000 in costs after pursuing a failed underpayments and discrimination case described by the judge as "a textbook example of launching an action without reasonable cause".


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