A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.
A Viva Energy manager who claims a female colleague sexually harassed him after he took her back to his hotel room while she was intoxicated is accusing his employer of discriminating against him, as it would not consider sacking him if he was a woman.
A court has held that a senior National Disability Insurance Agency HR and safety executive who accepted a "very significant financial inducement" to retire early had not been subjected to unlawful adverse action due to his alleged protected disclosures and employment disputes, finding him the "unfortunate victim of a restructure".
A criminal lawyer has succeeded in overturning findings that he unfairly sacked a solicitor and practice manager he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.
In an adverse action claim accusing labour hire company Chandler Macleod and its chief executive of discrimination based on gender, age and/or s-xual orientation, the former executive GM of its contract cleaning arm alleges she was sacked for complaining about a workload issue.
Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.
An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.
WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.
The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.
The FWC will allow a legal firm that provides IR advice to lawyer-up against a self-represented junior solicitor with no post-admission experience who claims to be in a "David and Goliath" situation as he seeks to challenge his dismissal.
