General protections claims show no signs of slowing down, and six-figure compensation orders aren't unusual. Watch this HR Daily Premium webcast to refresh your knowledge of the Fair Work Act's adverse action provisions and learn how the jurisdiction is evolving.
Despite being described as "a most diļ¬cult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.
Swearing might have been part of an employer's "everyday work culture", but a director's aggressive and confrontational language was unacceptable, the Fair Work Commission has ruled in a constructive dismissal dispute.
Allegations that prompted the sacking of a complaining employee were "based on flimsy foundations" and caused her mental harm, the Federal Court has ruled in awarding her $382k in compensation and penalties.
The involvement of dedicated HR specialists had an "adverse" impact on the procedures an employer followed when sacking a worker, and warranted an order for maximum compensation, the Fair Work Commission has ruled.
An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.
Telling a pregnant employee they "would have to call it quits" if she continued working in an unsafe manner did not amount to a dismissal by her employer, the Fair Work Commission has found.
An employee who believed she worked "efficiently and competently" has lost her adverse action claim, with the Federal Circuit Court finding she was lawfully sacked for her ongoing defiance of authority.
The Federal Court has ordered the interim reinstatement of an employee sacked for poor performance, finding there was at least an arguable case he was unlawfully dismissed for making workplace complaints.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
