Browsing: Adverse action claims


Court rejects $172k claim by "know-it-all" WHS complainer

Workers can hold different but equally valid opinions on serious safety issues and disagreeing on them does "not automatically convert" a safety complainer into an "industrial whistle blower", a judge has said in dismissing a worker's claim he was unlawfully sacked for raising WHS concerns.


$6m WHS claim dismissed in cadaver ruling

A worker's $6 million adverse action claim has been rejected. He contended he was unlawfully sacked for protecting his own health and safety by refusing to work with cadavers emitting highly toxic fumes.


Age-related safety concerns curtailed by FW provisions

A manager's belief that a 70-year-old job applicant wasn't capable of working safely in a hot environment, because of his age, was "based upon the type of assumptions" that employment laws guard against, a judge has ruled in penalising two companies for discriminating against the worker.


$5.2m workplace bullying payout quashed

A full Federal Court has quashed a $5.2 million award to a senior manager who was sacked after making bullying complaints. The Court ordered a retrial to consider his employer's stated reasons for terminating his employment, including that he created a culture of fear in his team.


Permanent incapacity, not bullying, behind dismissal

A worker who contends he was left to languish after he developed psych injuries, from being bullied, has failed to prove his employer unlawfully dismissed him for making a workers' comp claim.


Contracts unlawfully scrapped after bullying complaints

A consulate has been ordered to pay two workers lost wages and will face pecuniary penalties, for refusing to renew their employment contracts after they applied to the Fair Work Commission for stop-bullying orders.


Company handed $5.2m bill for bullying breaches

A company has been ordered to pay more than $5.2 million in compensation, damages and penalties - aimed at deterring unlawful actions by CEOs - for sacking a senior employee for making bullying complaints.


Company, director get high-range fines for sacking HSR

A company director who falsely claimed a health and safety representative was a poor performer and sacked him, after the HSR complained to a safety regulator, denied other employees the important protections provided by the elected role, the Federal Court has found.

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