Case law page 5 of 13

124 articles are classified in All Articles > Discrimination and equity > Case law


Green light for Laundy to hose down fire deal

The FWC has given Workplace Minister Craig Laundy the go-ahead to put his case that the MFB agreement should be rejected because it contains discriminatory and objectionable terms and fails the BOOT.

FWC backs ejection of "sexist", "exclusionary" overseer

The FWC has upheld Toyota's sacking of a supervisor for improperly exercising his power, finding his "benevolent sexism" and inappropriate behaviour towards a group of young, female fixed-term contractors created a weird, dirty and unhealthy environment.

Green light to contest labour hire "blacklisting"

Union activists allegedly "blacklisted" by a labour hire company and a host employer have been cleared by a tribunal to proceed with a test case under Victoria's equal opportunity laws.

Sacked union official made "impossible" demands: Tribunal

A tribunal has thrown out a union official's claim he was discriminated against on the basis of his psychological condition and industrial activity, instead finding that his dismissal after five months off work followed an "impossible" demand for assurances he wouldn't be sacked for outstanding disciplinary matters.

Equal pay case's time is now: FWC

The FWC has refused to grant engineering employers more time to comply with production orders in the IEU's equal pay claim on behalf of early childhood teachers, finding neither provided a "proper basis" despite one having a director off work due to complications arising from cancer surgery.

Tribunal backs handyman's sacking for "non-s-xual" touching

The FWC has upheld the sacking of a long-serving handyman for serious misconduct that included continually touching a young receptionist, finding it was "understandable" given their age difference that she did not feel able to tell him to stop.

Qantas worker's "fundamental" conduct breach justified sacking: FWC

In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.

Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".

Social media post had sufficient nexus with workplace: FWC

In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.

IEU's equal pay case could bump teachers' pay by up to 59%

On the heels of this week's rejection of a United Voice and AEU equal pay bid for childcare workers, the IEU on Monday heads to the FWC to press its separate claim on behalf of 12,000 university-qualified teachers employed in long day care centres and preschools.