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


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.

Upwards path for discrimination, harassment damages: Bornstein

Maurice Blackburn's head of employment and industrial law, Josh Bornstein, says damages for discrimination and harassment "remain persistently low" but he expects an upwards trajectory as their impact has been "laid bare" and expectations are now clearer.

CEO's sacking for credit card use no "witch hunt": Court

A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.