Dismissing an employee because he wouldn't agree to his image or voice being shared on social media, unless he was paid extra for it, amounted to unlawful adverse action, the Federal Circuit Court has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. Watch this HR Daily Premium webcast where important developments in both procedural issues and case law are discussed.
An employee made "unparticularised, untrue and potentially defamatory allegations" against her manager in a bid to stop her performance management process, the Federal Circuit Court has found.
An employee whose general protections claim was struck out as an abuse of process has won leave to appeal, after the Federal Circuit Court accepted his contentions of bias had sufficient prospects of success.
The Fair Work Commission has rejected that an employee was forced to resign due to unaddressed psychosocial risks, finding her employer was "supportive" and acted in a "timely and comprehensive manner".
The Fair Work Commission has berated an employee, who continued to use AI tools to prepare his general protections claim after being warned his submissions were "incoherent" and misleading.
Despite failing to help a manager deal with a "complicated" parental leave situation, an employer has proved it didn't take unlawful adverse action against an employee, the Federal Circuit Court has ruled.
A manager's fixation on workplace bullying meant he overlooked his employer's financial reasons for dismissing him as part of a leadership overhaul, the Federal Circuit Court has ruled, in rejecting his adverse action claim.
A general protections claimant can't proceed with her action against an employer she hadn't begun working for, after the Fair Work Commission found the parties had entered a binding contract, but there wasn't yet an employment relationship capable of being terminated.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
