Adverse action & general protections | Page 18 (381 items)

Recent changes to the Fair Work Act are set to create new adverse action risks for employers, a lawyer warns.

The Federal Government is seeking feedback on a number of proposed Fair Work reforms, including strengthening anti-discrimination and adverse action protections, classifying casuals, and criminalising wage theft.

An employer has failed to prove it made two roles redundant because it held a "genuine belief" that COVID was negatively impacting its business, with a court finding the timing of its decision was "inexplicable".

As employees become increasingly litigious, adverse action claims continue to present a major risk for all employers. Watch this HR Daily Premium webcast to understand current trends in general protections disputes, risk mitigation strategies, and more.

The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.

An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.

It was open to conclude an employee lacked the necessary interpersonal skills for her role, but her employer has nonetheless failed to prove its dismissal decision wasn't prompted by her workplace complaints.

An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.

A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.

It would be unfair to require an employer and two HR professionals to defend an employee's "incomprehensible" adverse action claim, the Federal Circuit Court has ruled.