Browsing: Adverse action claims | Page 4

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.

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.

• WHS discrimination charge follows COVID suspension; and
  
• Employer fined $230k for pinch point breaches.

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.

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.

An employer and its director have been handed multiple penalties for sacking a worker after he exercised his WHS right to refuse to perform an unsafe delivery task.

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.

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.

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.

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.