Case law page 42 of 55

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


Prime Minister's department accused of demoting cancer survivor

The Department of the Prime Minister and Cabinet has agreed to enter into mediation with an employee who accuses it of taking adverse action by suspending and demoting her and directing her to take indefinite leave following a long absence for cancer treatment and surgery.

Employer took adverse action against worker it shunted: Court

A court has found that a rail freight company took adverse action against a train driver when it derailed his progress towards a more lucrative role after he refused to alter a shift, citing primary carer responsibilities and fatigue.

Sacked Woolworths worker denied legal representation

A warehouse team leader must match wits with Woolworths' in-house HR/IR managers over his unfair dismissal claim after the FWC refused to allow either party legal representation for what it determined was a matter "not complex enough" to involve lawyers or paid agents.

FWC extends time for worker hit twice by representative error

A Tiger Airways employee who claims he was sacked partly because of his age and his response to threats from the airline's chief pilot has won an extension of time to lodge a general protections claim because his legal representative wrongly made an unfair dismissal application.

Dentist's adverse action claim a bridge too far: Court

The Federal Court has rejected claims an employer took adverse action against a dentist it threatened to sack for writing "pugnacious" emails, redirecting mail and refusing to attend disciplinary meetings, ruling that the last two actions amounted to him repudiating his employment contract.

Employer seeks $450,000 payout for pre-engagement "misrepresentations"

An employer has responded to a salesperson's general protections case with a counterclaim seeking $450,000 in damages for lost sales and the cost of recruiting him because of his alleged misleading and deceptive conduct in making false pre-employment representations about his experience and seniority.


Inherent requirements legitimise discriminatory dismissal: Employer

The FWC has revoked an order to produce documents in an adverse action case against an employer that sacked three cultural heritage field officers because they failed to establish an ancestral connection to the Barada Barna people of Central Queensland.


Sacking after morning sickness unlawful: Court

A court has found an employer took unlawful adverse action against a pregnant worker when it sacked her for taking time off to manage morning sickness and other issues arising from her condition.