Browsing: General protections and adverse action | Page 6 (758 items)

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No pearl in oyster bar's costs claim

The FWC has rejected an employer's $5000 costs claim against a self-represented worker while questioning its use of lawyers, finding some expenses not "judiciously incurred" in defending her constructive dismissal case.


UK bill seeks unfair dismissal protection from "day one"

A new UK bill introduced by the Starmer Labour Government seeks to reduce the qualifying period for protection from unfair dismissal from two years to an employee's first day of work, although employers will potentially have an initial nine months in which to sack those "not right for the job".


Junior court identifies limits of whistleblower remedies

The Federal Circuit and Family Court has told a senior manager it lacks the power to declare Bunnings breached whistleblower laws when it allegedly sacked him after he accused it of short-changing staff, but it can award compensation if his claims succeed as part of his adverse action case.


Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


Court refuses to transfer senior ATO manager's GP case

The Australian Tax Office has failed to win a transfer to the Federal Court of a deputy commissioner's adverse action claim against it and senior executives including its chief people officer, after his sacking for underperformance.


Nanny without invoices or ABN an employee: FWC

The FWC has found a cash-in-hand nanny an employee eligible to pursue an adverse action claim, finding that she did not have her own business and the parents of the children she cared for exerted a high degree of control over her work.


Late application denied after failure to prod lawyer

The FWC has pointed to a worker's knowledge of the 21-day deadline for filing general protections claims in declining to allow his late application to proceed, despite finding that responsibility for the delay rested "overwhelmingly" with his lawyers.



No diminuendo for pianist's adverse action claim

In a judgment raising the possibility that State workplace protections could extend to independent contractors under the Fair Work Act, Federal Court Chief Justice Debra Mortimer has today dismissed Melbourne Symphony Orchestra's bid to strike out a freelance pianist's adverse action claim that it discriminated against him by cancelling a performance after he accused Israel of committing war crimes.


$380K for nurse who challenged race favouritism

An aged care home has been ordered to pay almost $400,000 in damages and penalties to a Chinese nurse summarily sacked after she complained that Filipino co-workers received more favorable treatment.


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