Browsing: Adverse action claims


$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.


Threatened bans on drink breaks blocked by WHS Act

Employers have a WHS obligation to allow workers access to toilet and drinking facilities and cannot restrict such access to scheduled breaks, the Federal Court has confirmed in finding a major employer misled young workers on this issue in a Facebook post.


Full Court quashes "draconian" rulings on work-related mental illness and bullying

A worker who claims he was bullied "on a shocking scale" has been allowed to pursue his adverse action case against his former employer (whose response to bullying incidents was slammed by a WHS regulator), with a full Federal Court setting aside a judge's "extraordinary" decision to dismiss the matter because of the worker's mental illness.


HSR unlawfully targeted after bushfire smoke meeting

An employer dismissed a health and safety representative through a "sham" redundancy after it accused him of "running off" to complain to a safety regulator and "unlawfully holding meetings" on the health risks posed by bushfire smoke, the Federal Court has ruled.

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