Recent Cases

Probationary employee unlawfully fired for taking leave due to pregnancy and morning sickness

A recent case in the Federal Circuit Court has found an employer took unlawful adverse action by dismissing an employee because she was pregnant and took leave. While the employer claimed the dismissal was due to issues related to her performance, there was no mention of these issues to the employee before her dismissal.

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Dismissed employee with psychological condition not victim of adverse action because he failed to be contactable during absence

A recent case in the Federal Circuit Court has found that an employee of the Fair Work Ombudsman who was dismissed and suffering from depression and anxiety was not a victim of adverse action as he was dismissed for failing to communicate with his employer, rather than because he was suffering from a psychological condition.

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Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay

A prospective employer has failed to prevent a prospective employee from advancing a discrimination complaint after the Tribunal found the case was reasonably arguable and the applicant had a reasonable explanation for the delay as he suffered from borderline personality disorder and did not have a sophisticated understanding of the process as he was self-represented.

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