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Category Archives: Discrimination

UPDATE: ARE YOUR ‘CASUALS’ REALLY CASUALS?

This month we look at a recent Full Federal Court decision which found that an employee engaged as a casual and paid a casual loading was in fact a permanent employee and entitled to paid annual leave.  The employee was placed at a mine-site through a labour hire company – the employer (WorkPac). The employer…

Employment Update – July 2018 – Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought…

Obese worker fails to establish adverse action claim

The Federal Circuit Court has rejected that a security company took adverse action against an obese security guard (‘Applicant’), after the worker claimed he had been discriminated against because of his obesity. The Applicant was engaged to work in a control room at a university campus.  As a result of proven performance concerns, the University…

Employment Update – July 2017 – Real Estate Agency awaits compensation order after dismissing an employee because she was pregnant.

A real estate agency in Victoria will wait until a further hearing in October to find out Judge Riley’s decision as to compensation, after it unsuccessfully defended proceedings in the Federal Circuit Court brought by a former administrative assistant (‘Applicant’).  The Applicant alleged that she had been terminated by the real estate agency due to…

Prospective employee permitted to pursue discrimination claim

A renowned bus transport company has failed to have a discrimination application dismissed for lacking in substance in the NSW Civil and Administrative Tribunal.  The Administrative and Equal Opportunity Division of NSWCAT heard that the transport company had elected not to employ the Complainant following the Complainant undertaking a medical assessment. The Complainant had applied…

Mentor sexually harassed co-worker but employer not liable

The Northern Territory Anti-Discrimination Commission has recently handed down a decision that has a number of lessons for employers.  In this case, some of the conduct undertaken by the respondent employee was found to be sexual harassment of the complainant; some of the conduct was found to have no connection with the complainant’s employment; and…

Victorian Tribunal finds that morning sickness constitutes a disability

In a recent decision, the Victorian Civil and Administrative Tribunal have found that pregnancy related ‘morning sickness’ may constitute a disability under the Equal Opportunity Act 2010 (Vic) (Act). In the case, a pregnant full time employee asked to reduce her full time hours to 28 hours a week. The employee experienced severe morning sickness…

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