Case law page 20 of 55

546 articles are classified in All Articles > General protections and adverse action > Case law


Sacked after workload complaint, claims manager

In an adverse action claim accusing labour hire company Chandler Macleod and its chief executive of discrimination based on gender, age and/or s-xual orientation, the former executive GM of its contract cleaning arm alleges she was sacked for complaining about a workload issue.

Frosty reception to business class flights, claims ex-BOM manager

A general manager is accusing the Bureau of Meteorology of retreating from a decision to sack her for flying business class and taking two days' leave while on a work trip in Paris, only to hold off on advertising an "obvious" redeployment role until after it retrenched her.

FWC declines to stay case of three-week CEO

The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.

Courtroom "theatre" best for assessing witnesses: Judge

A judge weighing the pros and cons of conducting an adverse action trial via Microsoft Teams has decided to delay it until he can assess witness credibility in person, in a courtroom providing its "own chemistry and theatre".

Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Employer scrapped bonus without telling me, claims manager

A general manager who claims he was retrenched after assisting enterprise agreement negotiations while on secondment accuses offshore services company Smit Lamnalco of shortchanging him $84,000 by ditching a loyalty bonus scheme without telling him.

Qantas fails to narrow scope of outsourcing judgment

The Federal Court has today declared that its ruling last month in favour of a TWU adverse action claim against Qantas over the outsourcing of ground handling at 10 ports applies to all employees, not just union members.