Case law page 31 of 55

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


No hearing for teacher "forced" onto maternity leave

The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.

Mistaken s-x reference no basis for costs

A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.




Casual's 100-day-late general protections claim to proceed

A casual worker has won an extension of more than 100 days to file a general protections claim after the Federal Circuit Court found he reasonably acted on incorrect FWO advice and filed his claim in the wrong court.

Full court upholds "insubordinate" lawyer's sacking

A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.

Sacked after brought in to "get rid of people", claims manager

The former talent manager of a peak employer body is suing a children and family services provider, claiming it breached adverse action and consumer laws by sacking her soon after she was recruited to "get rid of some people".

Majority rejects restrictive take on general protections laws

A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.

Sacked after taking domestic violence leave, worker claims

A former Melbourne Water advisor is accusing the utility of forcing him to take domestic violence leave and failing to provide a promised permanent job after he disclosed that he was experiencing family violence.