The general protections claim of an employee seeking more than $100 million is again underway, after a full bench of the Fair Work Commission found his actions against 18 respondents shouldn't have been dismissed.
The one-week gap between a senior manager's resignation and starting her new job has undermined her claims that she was either dismissed during her notice period, or forced to quit due to poorly handled bullying complaints.
More than a year after the High Court ruled Qantas took unlawful adverse action against 1,700 of its former employees, the Federal Court has awarded one of them $100k in compensation for non-economic loss alone.
It was "highly inappropriate" for a worker's paid agent to pursue a general protections claim that had no prospects of success, but the Fair Work Commission says the employer's $80k legal bill appears "excessive".
An employee who was only available to work on a day her employer closed its business was 'dismissed', the Fair Work Commission has ruled, allowing her general protections claim to proceed.
An employer was understandably offended by the suggestion it took adverse action against an employee because she disclosed she had autism, the Fair Work Commission has accepted in dismissing her claim.
A manager was not forced to resign, but rather engaged in a clear strategy of undermining his own return to work because "he wanted to be dismissed", the Fair Work Commission has ruled in rejecting his general protections claim.
In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
