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


Worker's ostrich-like approach defeats extension bid

The FWC has refused to grant a 1383-day extension to a casual Coles employee who was notified of his dismissal almost two years after working his last shift in 2014 but failed to contest it in time because he "put his head in the sand".


Hurt and humiliation payout after "most unkind" accusation

An employee criticised as being ungrateful about securing a restaurant job despite her disability has won $12,500 in compensation for the hurt and humiliation she experienced during her dismissal after 12 weeks.

Court temporarily reinstates sacked union delegate

The Federal Court has ordered a timber factory to reinstate a CFMMEU delegate while it determines his adverse action claim, noting a "distinct coincidence" in his sacking soon after joining the union and becoming involved in bargaining that appears "too acute to be accidental".

Big payout for GM sacked over safety complaint

A former general manager has won more than $120,000 in penalties and $240,000 in unpaid share entitlements after the Federal Circuit Court found his employers breached his employment contract and sacked him for making a safety complaint to Worksafe.

Sacked for political views, claims One Nation candidate

A One Nation candidate is suing over alleged adverse action based on her political views after she was sacked by a renewable energy company over campaign material said to conflict with its interests and for taking unauthorised days off in the lead-up to the Federal election.

Adverse action claim hurdles lawyer's "miscalculation"

The FWC has held that a lawyer's incorrect use of a date calculator should not stand in the way of a worker filing a day-late challenge to his alleged dismissal on the basis that his employment was "frustrated" by an expected slow return to full-time work from sick leave.

Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.


Swastika use protected political opinion, argues sacked academic

A University of Sydney lecturer sacked after superimposing a swastika on an Israeli flag in teaching materials and social media posts is relying on political opinion protections in the Fair Work Act and academic freedom clauses, claiming he was really dismissed for challenging his treatment.