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


Palmer ordered to pay $40,000 to worker ousted in mass sacking

A Clive Palmer-owned business must pay a worker almost $40,000 for dismissing him by email along with 125 other employees, claiming he failed to work his hours amid site-wide fraud, theft and dishonesty,, and then asking him to re-apply for his job 20 minutes later.

Procedural fairness failures make harassment sacking unfair

A football club's "deficient" investigation and lack of procedural fairness rendered unfair its sacking of a worker for spreading "false and degrading s-xualised rumours" in the workplace, the FWC has found.

Hearing date set for Lattouf case

The FWC will in March hear ABC arguments that radio presenter Antoinette Lattouf's claim that the broadcaster unlawfully sacked her over an Instagram post critical of Israel's war in Gaza cannot proceed because of her casual engagement and reliance on the wrong provision of the Fair Work Act.

Telstra harassment claim to proceed

A couple has been cleared to pursue Telstra over claims it is vicariously responsible for their alleged s-xual harassment by a former employee using confidential contact details sourced through the telco.

Supervisor given some "latitude" in bullying case

In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.

Court clears way for UWU to dismiss organisers

The Federal Court has refused to restrain the United Workers Union from dismissing two organisers who claim it subjected them to unlawful adverse action, finding the union's evidence "all-but-overwhelming".

Chest infection a temporary disability: Court

A court has ordered a cafe to pay a teenage worker $7300 compensation, including $6000 for hurt and humiliation, after it took unlawful adverse action because of his temporary disability when it dismissed him for calling in sick due to a chest infection.

Continuing bullying a "failure of leadership": FWC

Former Toll subsidiary Team Global Express has avoided anti-bullying orders through the resignation of a perpetrator and taking significant measures to remove the risk of further substandard conduct, but the FWC has called on it to address a "failure of local leadership".

Qantas guilty of discriminating against safety representative: Court

A court has today found a Qantas subsidiary guilty of engaging in unlawful discriminatory conduct against an elected health and safety representative as COVID-19 emerged, ruling that the flawed manner in which he consulted did not invalidate his cease-work directions or the airline's defence.

Lawyers' letters in harassment case "vindictive": Court

A jeweller who showered a manager with gifts and compliments, along with unrequited declarations of his affections and a slap on the bottom, is facing a record damages payout for sexually harassing her and victimising her for complaining about it, while his law firm is under fire for the "intimidatory and vindictive" tone of its correspondence.