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393 articles are classified in All Articles > Workplace policy > Case law


Failure to provide private breastfeeding space discriminatory: Tribunal

In what is believed to be the first workplace breastfeeding discrimination ruling, a tribunal has found that a KFC franchisee indirectly discriminated against a worker when it told her to express milk in a tent, within a storeroom with no door.

Wrong test applied over workplace fight case: Bench

A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.

Worker taken into remand loses job in "fortuitously rare case": FWC

The FWC might refer a "regrettable, expensive and damaging episode" to the South Australian Correctional Services Department, after it failed to allow a worker on remand to contact his employer, and the employer dismissed him for failing to attend work.

Newsflash: High Court rejects Qantas outsourcing challenge

The High Court has today unanimously held that Qantas took unlawful adverse action against nearly 2000 former ground crew when it outsourced their jobs at the height of the coronavirus pandemic, when their agreements were due to nominally expire.

FWC backs sacking for "time theft"

The FWC has upheld a "time fraud" sacking for an employee who left her worksite early 17 times in six weeks.


Worker fails to prove "greedy Indian" insults occurred: Court

A judge has thrown out a Bing Lee worker's race and sex discrimination case, saying it demonstrates "the perils of litigating hurt feelings", after she embellished events "which stem predominantly from unremarkable, collegiate 'small talk', and petty workplace disagreements to cast them in a more nefarious light".


Bench quashes sleeping on job ruling

A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.