Case law page 7 of 13

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


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.

Court rebuffs casual moved from A team to B team

A court has rejected a casual's claim that his employer took adverse action when it stopped offering him shifts after he refused a six-week contract to allegedly meet his family and caring responsibilities, finding he knocked the work back to go on a pre-booked holiday to Fiji.

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.