Case law page 17 of 30

297 articles are classified in All Articles > Discrimination and equity > Case law


Anti-bullying ruling highlights HR department's "significant failure"

The FWC has recommended a large employer's human resources department do a better job of supporting employees returning after injury, noting a nurse's failed bullying claim demonstrates the difficulties workers face when HR is not properly involved.



Mistaken s-x reference no basis for costs

A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.


"Time theft" ends tenure of operating theatre cleaners

The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.


Left-handed worker's sacking not quite right: Court

A major gas supplier has been ordered to reinstate a left-handed worker whose primary duties involved lifting five-kilogram cylinders, after basing his dismissal on an assessment that right shoulder and neck pain meant he could lift no more than 20kgs.

Full court upholds "insubordinate" lawyer's sacking

A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.

FWC upholds ejection of remorseless buttock-tapper

The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.