Case law page 48 of 55

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


Summarily-dismissed GM fails to establish adverse action

A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.

Adverse action roundup: AWU out of time in gas company pursuit; & more

FWC refuses extension for AWU adverse action case against gas companies; Mental health hospitalisation deemed "exceptional circumstances"; Violent confrontation not an exercise of workplace rights; and Manager's "kicked like a dog" complaint did not lead to adverse action: Court.

Court seeks pro bono lawyers in adverse action case

A court is seeking pro bono legal representation for a massage parlour and its former employee, who claims she was sacked because she took leave after she was injured in the workplace.


Transfer to vulnerable position before redundancy not adverse action

Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.

Full court rejects notion that worker would profit from fine

A full Federal Court has quashed a finding that a $45,000 penalty imposed on the CFMEU should be paid to the federal government, because it would have provided a "windfall" gain for an organiser the union subjected to adverse action.

CFMEU leader likened to FIFA's Sepp Blatter in Senate spray

CFMEU national secretary Michael O'Connor has been described in Federal Parliament as the "Sepp Blatter of the union movement" by a Nationals senator in tabling affidavits by three former CFMEU officials who continue to claim they were driven out of the NSW construction branch for whistleblowing.

No adverse action after depression kept from employer

A hospital-based interpreter who failed to inform her employer she was suffering depression when warned for repeated lateness has failed to convince a court that the disciplinary action and her subsequent dismissal amounted to unlawful adverse action because of her mental disability.

ER chief's adverse action bid fails

The Federal Court has rejected an employee relations specialist's claim that her employer took unlawful adverse action when it sacked her for taking sick leave after she suffered a mental breakdown and made allegations of sexual harassment.