Case law page 4 of 55

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


CFMMEU pays out $500K-plus to "whistleblowers"

The CFMMEU won't be proceeding with a potential High Court challenge to the ruling that it unlawfully dismissed two "whistleblower" officials, Andrew Quirk and Brian Miller, electing instead to pay out more than half a million dollars in compensation to them.

Manager's spamming of worker ended his job: FWC

An employer is facing a potential adverse action claim after the FWC held that its general manager's out-of-hours spamming of an injured delivery driver ended the employment relationship even if the company's director did not want him dismissed.

FWC supports chemist's claim of "nightmare" surrounding pregnancy

A FIFO chemist on a Santos-operated vessel who resigned after seeking an "appropriate safe job" while pregnant and challenging instructions to hasten her return from parental leave has established that her employer's cumulative conduct forced her hand.

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.

Worker's failure to heed FWC's "important note" scuttles court case

A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.


Embassy refused "immunity cake" over alleged underpayments

A judge has lambasted an embassy's failed attempt to strike out sham contracting claims as a "waste of time" and public resources, accusing it of wanting "to keep their immunity cake and to eat it too".

Sacked mine COO protected under Australian law: FWC

In a significant decision for Australian companies hiring workers overseas, the FWC has allowed an Argentina-based chief operating officer's adverse action case to proceed after finding the employment contract was formed when an email accepting the job offer was opened in Sydney.


Red union president facing sack after appeal fails

The president of a nursing "red union" faces the sack from her hospital job after failing to persuade an appeal court that unauthorised media comments fell under protected industrial activity.