Adverse action & general protections (474 items)

A Philippines-based contract worker has been cleared to pursue a general protections claim, with the Fair Work Commission finding she was an "Australian-based employee".

An employee's complaints against two colleagues weren't covered by the Fair Work Act's general protections provisions, and his dismissal wasn't unlawful, the Federal Circuit Court has found.

The Fair Work Commission's workload pressures are contributing to lower satisfaction scores from parties using its dispute resolution processes, according to its annual report.

A P&C leader's heavy reliance on a manager's dismissal recommendation, without independently verifying her concerns, has undermined an employer's defence of an adverse action claim.

A team leader took unlawful adverse action against an employee who made "repetitious" and "increasingly disruptive" workplace complaints, the Federal Circuit Court has ruled.

An employer has unsuccessfully sought to remove two senior HR leaders from an employee's general protections claim, which it is defending by arguing their actions were "consistent with ordinary HR inefficiency", rather than unlawful.

An employee repudiated his contract by withdrawing his services from a site, but it was his employer's subsequent actions that terminated the relationship, the Fair Work Commission has found, dismissing objections to his general protections claim.

An employer has to compensate a sacked manager for breaching his contractual entitlements, but it has successfully defended his adverse action and whistleblower claims.

An employer yet to face penalties for breaching an employee's general protections has convinced the Federal Court to hear an appeal against findings made about its decision-making process.

A people and culture manager who conducted regular welfare checks with an absent worker prior to dismissing him has successfully defended his adverse action claim.