Case law page 6 of 12

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


Sharing explicit images breached Coles' conduct rules: FWC

The FWC has found a Coles Supermarkets baker who texted explicit images to a manager who responded "great d--k pic" did not sexually harass him as he appeared to initially take them as "a joke", but the tribunal has upheld his dismissal as his behaviour breached the retailer's code of conduct.

Complaint played no part in redundancy selection: Court

A Gorgon LNG project worker has lost his adverse action bid after a court found his complaints about offensive and racist conduct played no part in an HR manager's decision to make him redundant.

62-year-old "poor cultural fit" worker wins discrimination case

A company that allegedly told a 62-year old salesperson that he was too old, too deaf and was "hobbling around" with a "broken back" he would use to make a workers compensation claim has been ordered to pay $15,000 for "pain, suffering and humiliation" as part of a larger damages payout for age and disability discrimination.


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.

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.

Delegate not victimised, tribunal rules

A tribunal has rejected a claim by a paramedic and union delegate that his employer victimised him when it investigated him for accepting police assurances that a patient was dead rather than follow standard procedures to check whether he was alive.

Linfox refuses to follow AHRC recommendation

Transport giant Linfox has told the Human Rights Commission it will not comply with recommendations to compensate a forklift operator refused employment after he failed to disclose his criminal history.

Discrimination case turns on voiced concerns, not "state of mind": Bench

As the Crown continues its pursuit of a Victorian employer charged with discriminating against employees who raised safety issues, Victoria's Court of Appeal has found that, as a question of law, it must prove only that the concerns were expressed rather than address the workers' "state of mind" at the time.