Browsing: General protections and adverse action (745 items)
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Faced with "simply unsustainable" growth in its caseload, the FWC is seeking to improve efficiency, starting with general protections cases involving dismissals, up by 27% over five years, partly on the back of paid agents using them as a "substitute" for unfair sacking claims, the tribunal's president said today.
A senior FWC member has rejected a costs claim, observing that with rising numbers of self-represented applicants using the tribunal to pursue grievances, its directions are "not always treated with the same reverence and compliance" as in other forums.
A FWC full bench has quashed a finding that Bondi's iconic Sculpture By the Sea event did not sack an art installer, finding a manager's email calling for a "pause on our working relationship" conveyed an intention to terminate his employment.
A former parliamentary officer who took a "shock and awe" approach and went "nuclear" after a federal MP made him redundant post-election has lost his bid to pursue an adverse action case in tandem with a discrimination claim.
Senior ABC managers failed to consult in-house IR and legal experts and "blithely ignored" risks when the organisation "capitulated" to critics and sacked presenter Antoinette Lattouf over her political views on the Gaza war, which warranted a substantial penalty to deter a recurrence, Federal Court judge Darryl Rangiah found today.
The Federal Court has today ordered the ABC to pay former presenter Antoinette Lattouf a fine of $150,000 for unlawfully sacking her for reasons including her political opinion opposing the Gaza war and breaching its enterprise agreement.
FWC deputy president and former federal Labor MP Terri Butler has refused to recuse herself from dealing with a general protections dispute against the TWU, for which she acted while working at Maurice Blackburn Lawyers.
A court has found that a self-represented worker who drafted her submissions with assistance from artificial intelligence, which generated non-existent authorities, should not be subject to a security of costs order, despite the additional expenses the employer allegedly incurred.
As Adero Law prepares to file a class action accusing Super Retail Group of underpaying up to 3000 store managers via an "entirely foreign" annualised salaries system, the company has sacked its chief executive over his affair with its former head of HR, while defending proceedings launched by two whistleblowers.
The absence of a definitive test to discharge the reverse onus in adverse action cases, particularly in those involving multiple decision-makers, "is a very unsatisfactory state of affairs and needs to be cleaned up", silk Marc Felman told the Federal Court's recent annual employment law seminar, with a nod to the judges in attendance.
