Browsing: General protections and adverse action | Page 2 (758 items)
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FWC president Adam Hatcher has fleshed out procedural reforms for general protections claims involving dismissals, which have surged to 57% above the three-year average in the three months to September, while he has also foreshadowed the next areas he will target.
A "high-stakes" case set to test whether State workplace protections extend to independent contractors under the Fair Work Act has been set down for a three-week trial beginning in May, after Federal Court Chief Justice Debra Mortimer agreed that having enough time to assess witnesses is "critical" in such proceedings.
A disability support worker who lodged a general protections claim against a man with quadriplegia for allegedly forcing him to resign as a carer must pay part of his legal costs after holding out for too long on a settlement.
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.
