Adverse action & general protections | Page 16 (448 items)

Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.

An employer that sacked a senior executive for muttering "offensive" words during an out-of-hours incident has been ordered to pay him $1.5 million in damages and compensation.

After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.

Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.

In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.

A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.

A labour hire company that wasn't informed a host had ended its employee's assignment has successfully argued it doesn't have to face her general protections claim.

An employer didn't force an employee to resign when it ordered her to cease working from home due to safety concerns, according to the Fair Work Commission.

A manager "misconceived" a reduction in her duties in a negative light when in fact her employer was offering support to overcome challenges in her role, the Fair Work Commission has found in constructive dismissal proceedings.

An employee who resigned four times in two days could not simply argue her actions were "a sudden and out of character brain snap", the Fair Work Commission has found in rejecting her constructive dismissal claim.