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



WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".

Contempt for underpayment claim attracts $240K fine

In a case highlighting the dangers of failing to engage with underpayments cases, an employer who did not respond to a claim it short-changed a teenage worker by $8000 must now pay him an additional $240,000 in penalties.

Court grounds pilots' adverse action case

A pilots' union that established in the High Court that it could pursue a case on behalf eligible of non-members has lost its substantive case accusing budget airline Regional Express of threatening adverse action against cadets who exercise a workplace right.

Court fines AWU for adverse action against members

The Federal Court has today ordered the AWU to pay an $18,000 penalty for pressing charges under its rules against two members who refused to support industrial action against Orica.

Australia Post made "extraordinary" gardening leave decision: Court

Australia Post is facing a damages bill for breaching the contract of a national worker's compensation manager who accused it of caving in to union demands to remove him, after failing to establish that it offered him an equivalent position after a period of gardening leave.

Rotary penalised for "striking at heart" of workplace laws

Rotary International's "egregious" dismissal of a Sydney-based manager who initiated an adverse action claim has earned it a $50,000 fine from a judge who singled out the organisation's US-based No.2 for her role in a breach that "struck at the heart" of Australian workplace laws.

Court closes AWU official's reprisal case

The Federal Circuit Court has dismissed by consent claims by the AWU's former WA branch vice president that the union sacked her because she complained about alleged sexual harassment.

GM wins penalties after "vengeful" denial of entitlements

The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.

Dumped leader chases listed company for $700K-plus

The former chief executive of live animal exporter Wellard is suing the ASX-listed company for more than $700,000 plus damages and seeking reinstatement as a director as part of an adverse action claim alleging it unlawfully dumped him.