Case law page 7 of 12

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


EU workplace headscarf ruling – could it happen in Australia?

A European Union discrimination ruling on an employer's decision to outlaw wearing Islamic headscarves at work highlights vast differences between it and Australia's social and legal context, according to Monash University senior lecturer Dominique Allen.

Denying job to arthritis sufferer was adverse action: Court

A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.

$300,000 in damages for s-xual assault at work

A tribunal has ordered a hotel and its night caretaker to pay more than $300,000 in damages for the s-xual assault of a female employee after he appeared naked in her bedroom and made unsolicited advances.

Tribunal clears Sallies of discrimination over gambling addiction

The Salvation Army failed to follow its disciplinary processes before it suspended an employee because of flawed HR advice and inexperienced management rather than her alleged pathological gambling addiction, a tribunal has found.

Flight attendant accused of harassment to pay costs

The FWC has ruled that a cabin crew supervisor, who failed to convince the tribunal last year that his sacking for alleged sexual harassment was unfair, must now pay costs for continuing to pursue his claim after he rejected a $20,000 settlement offer.

$100 in damages for "bullied" ship's officer

The Federal Court has awarded a ship's officer $100 in nominal damages for her employer's breach of her employment contract, finding it could not have foreseen that its flawed investigation of allegations she was bullied by her captain would lead her to stop working in the maritime industry altogether.


Court suppresses worker's identity in male-on-male harassment case

Despite opposition from an employer, a tribunal has agreed to suppress the identity of a man who claims he is being sexually harassed, discriminated against and victimised in his male-dominated workplace because of his imputed homosexuality.

Court rejects Indigenous worker's race bias claim

A court has rejected a worker's claims that he was discriminated against, victimised and vilified because of his Indigenous heritage, noting his colleagues apologised for isolated inappropriate comments and that he was not subjected to less favourable treatment.

Ruling clarifies application of privacy principles to Facebook accounts

An employer was not obliged to immediately notify an employee it was accessing her Facebook messages or posts during a disciplinary investigation, Victoria's Supreme Court has confirmed in a decision clarifying the manner in which information privacy principles apply to social media.