A judge has dismissed a worker's claims of disability discrimination and adverse action and upheld his sacking for aggressive workplace behaviour, finding that he should have told his employer upfront of his mental health issues and his autism diagnosis.
Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.
Purported cultural differences did not excuse a restaurant manager's behaviour in shoving a young employee off balance and chiding that he'd "kill" him if he didn't stop "stressing" his co-manager wife, the FWC has found.
BHP Coal is facing penalties and compensation payments for unlawfully "demobilising" a labour hire truck driver shortly after she refused to dump a load in a poorly-lit area, while it is also accused of "sophistry" in arguing that she had not properly addressed its potential motives.
A stone benchtops company ordered to pay $163,000 in compensation and damages to a veteran stonemason dismissed because of his work-related silicosis must now pay him a further $76,000 in fines for unlawful and discriminatory adverse action.
A Federal Court judge has while fining a franchisor almost $500,000 for deliberately underpaying Taiwanese interns speculated that a recent High Court ruling will impel more parties to agree on penalties rather than go to trial, an "unfortunate by-product" being fewer judgments offering "yardsticks" for future cases.
A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.
A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.
In a detailed examination of a major government department's early response to the COVID-19 pandemic, the Federal Court has rejected union claims that a hastily-conceived working from home policy breached existing arrangements and consultation requirements.
A court has declined to take the "extreme" step of throwing out a general protections case with a "long and troubled history" brought by a former FSU employee against the union, its national secretary and a state leader.