Case law page 51 of 55

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


High bar to challenging witness evidence: Full court

A full Federal Court has rejected a paramedic's attempt to overturn a finding that he was dismissed because of his aggressive behaviour towards management rather than because he exercised his workplace rights to complain about his job.

Court penalises employer for adverse action due to mental condition

A court has accepted that a transport company made an ill employee's position redundant as part of a genuine restructure, but found it took unlawful adverse action when it detrimentally altered her position because of her mental condition.


Court fines CFMEU for sacking "Trot"

The Federal Court has fined the CFMEU's mining and energy division $45,000 for taking adverse action against a former Pilbara organiser after the AWU complained that he was a "Trot" who was "bagging" the union.

CFMEU braces for more Grocon fines

In further legal fallout from the 2012 Grocon dispute, the Federal Court has ruled that the CFMEU and eight of its officials unlawfully coerced the company to agree to its demand to employ union-nominated shop stewards when they blocked access to the Myer Emporium and McNab Avenue sites.

Sacked assailant fails in adverse action claim

The Federal Circuit Court has rejected a worker's claim that she was dismissed because she refused to work overtime with a co-worker rather than because she had assaulted her several months before.

No adverse action against depressed lawyer: Court

A Federal Court full bench has reversed the reinstatement of a government solicitor who had been found to have suffered adverse action when dismissed while suffering depression.

Court finds advisor and employer took adverse action

The Federal Court has found a childcare centre breached federal adverse action laws by sacking a worker for recruiting union members during an industrial campaign, rejecting its claim it dismissed her for reasons including bullying and harassing a colleague who wouldn't join up.

Docks culture laid bare in MUA delegate's failed bid to regain job

Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.

Political opinion and complaint protected, but redundancy fair: Court

The Federal Circuit Court has accepted that taking sides in an ideological split and making a bullying and harassment complaint are protected under the Fair Work Act's adverse action regime, but has rejected an academic's claim that they were the reasons for his redundancy.