Log in or become a subscriber

This content requires HR Daily Premium membership. Log in below or sign up here.

"Covert" decisions to diminish employee's role were unsafe

Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.

It was foreseeable that the employer's "covert" decisions would negatively impact the employee's welfare, Judge Catherine Symons said, in awarding him $35k in damages.

The performance reporting specialist claimed his employer, South Eastern Melbourne Primary Health Network, breached its enterprise agreement when it failed to: consult with him before deciding to make his role redundant; and take all reasonably practicable steps to provide him with a work environment that was safe and without risks to his health.

Regarding the latter allegation, the employee said that in the months leading up to the redundancy meeting in May 2022, the employer's CEO and COO bullied him...

Log in or become a subscriber
Subscriber login

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

HR Daily Premium membership

Sign up now for all the benefits of HR Daily Premium membership.

Join here to stay informed

HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:

Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more