Case law page 1 of 22

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


Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

Ex-bank executive sacked over silent treatment pursues big payout

A former top bank executive who purportedly resisted efforts to involve him in a management buy-out of a prominent property business is now chasing substantial compensation through the courts, claiming he was summarily dismissed for alleged misconduct just days after making his case for exit payments.

"Bad look" pregnant worker wins compensation

A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.

Dismissed after not hiring GM's daughter, claims HR manager

An HR manager is accusing an electric vehicle tech start-up of making her redundant in retaliation for complaints about possible award breaches and her objection to hiring the general manager's daughter as her assistant.

Lawyer not sacked for political stance: Court

The Federal Court has upheld a lawyer's dismissal after he strongly criticised clients of his firm in a newspaper opinion piece, the judge finding his contract "expressly" stipulated both parties could terminate the relationship without cause on three months' notice.


ETU says it won't wear ban on union T-shirt

The ETU is suing the operator of Victoria's electricity transmission and distribution network for banning a delegate from wearing his union-branded T-shirt, claiming it is taking adverse and discriminatory action by threatening that it might dismiss him if he wears it again.

Employer held accountable for "disestablishment" of role

A university faces possible reinstatement and penalty orders following a finding that it used redundancy to manage-out a complaining accountant who was considered by her supervisor to be "poisonous to the team environment".

"Severe reaction" to sacking excuses late filing: FWC

In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.

Court can't convert unlawful sacking to general protections claim

A Federal Circuit Court judge forced to throw out a worker's general protections claim because he mistakenly filed it using an unlawful termination application form has conceded that it "goes against ordinary concepts of fairness".