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

Union "recidivism" of limited relevance in "slur" case

The Federal Court has largely declined to take into account the CFMMEU's "recidivism" in setting a penalty against it for an organiser's unintended racial slur when he complained to a supervisor of southeast Asian background about the "third world" state of a Perth building site.

FWC sends off National Rugby League referee

A National Rugby League referee has failed to make it onto the field to contest his general protections claim, after the FWC ruled that the employer did not dismiss him, but that his "maximum-term" 12-month contract expired.

"Inflexible" HR manager fails to win anti-bully orders

A HR manager who complained of "manhandling" and victim-blaming has failed to obtain anti-bullying orders against a school leadership team, after the FWC found she took an inflexible approach and refused to follow reasonable directions.

Court reverses suppression of sexual harassment case

A court has lifted an interim suppression order protecting details of a sex discrimination case after an accused supervisor failed to convince it that media coverage made it so hard for him to focus on the matter that it outweighed the need for open justice.

"Sheep shagger" not a racial slur: Court

A plumbing company has been ordered to pay $50,000 to a Maori truck driver regularly racially abused by a co-director, a judge however rejecting that being called a "sheep shagger" formed part of the discrimination.

Sacked union official sues over alleged gambling discrimination

A former ETU official is suing over his expulsion from the union for credit card misuse and refusing to apologise for an alleged assault, claiming discrimination on the basis of his gambling addiction and that the matters had already been finalised under the branch's previous leadership.

Worker to re-plead $2.5M "skin colour" discrimination case

The Federal Court has given a self-represented worker a chance re-plead a race discrimination case against CIMIC Group subsidiary UGL after painstaking analysis of his "discursive" statements of claim led to the bulk being struck out or summarily dismissed.

Qantas facing OHS discrimination charge

SafeWork NSW has charged Qantas over alleged discriminatory conduct against an OHS representative it stood down after he apparently advised colleagues not to clean planes arriving from China early last year due to COVID-19 concerns.

Bullying ruling exposes flaws on both sides

In an "unusual" case against a senior HR officer and an operations manager accused of bullying an area manager who "over-reacted" to a restructure, the FWC says it will close the matter if all agree to a host of recommendations or it will seek more evidence to continue the case.

Alleged "black sheep" comment not race-based: Tribunal

A WA housing officer of Mauritian descent has had her discrimination case thrown out after a tribunal held that a colleague accused of calling her a "black sheep" would have been using the the expression in its "colloquial sense" if it was said at all.