Case law page 36 of 55

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


Swastika use protected political opinion, argues sacked academic

A University of Sydney lecturer sacked after superimposing a swastika on an Israeli flag in teaching materials and social media posts is relying on political opinion protections in the Fair Work Act and academic freedom clauses, claiming he was really dismissed for challenging his treatment.

Lawyer's workload, pre-dawn starts no excuse for late filing: FWC

The FWC has rebuked a lawyer for his "dilatory" approach to filing a general protections claim, ultimately granting his client a time extension because of the unusual degree of stress and anxiety he suffered as a consequence of his dismissal.


Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.

Indemnity costs after teachers' refusal to settle

The Federal Circuit Court has ordered indemnity costs against two casual employees who refused offers to settle their adverse action and award breach cases for $10,000 and maintained their demands for $95,000 payouts.

Court derails injunction bid for sacked delegate

The private operator of Sydney's newest rail line has agreed to continue paying an RTBU delegate pending an expedited trial in July into allegations that it sacked him because he helped prepare for a majority support determination application, after the Federal Court today found serious questions to be tried.

Whistleblowers broke the code, says CFMMEU

The CFMMEU's code of conduct requiring officers to "publicly defend" colleagues, refrain from casting aspersions and deal with all concerns internally forms the basis of the union's defence in a court case involving two former organisers who claim they were ousted for whistleblowing in a media interview.

"Two Longs" case headed to High Court; Hanna appeal; & more

"Two Longs" case headed to High Court; Hanna to appeal document destruction finding; United Voice's "massive" penalty rates campaign; Australia Post compensation claims deliberately slowed: Investigation.

Court reinstates executive who ran afoul of HR manager

A company has been forced to reinstate a long-serving senior executive it sacked more than three years ago following his stoush with an HR manager, while also facing a bill of more than $1 million in back pay, long service leave, penalties and compensation.

Uni's hierarchy subjected me to "group bullying": sacked HR manager

The NTEU and Murdoch University's former head of HR are joining forces to sue the tertiary institution and senior managers including the current vice-chancellor, alleging they bullied and unlawfully dismissed her when she complained about aggressive behaviour and flagged possible IR breaches.