Adverse action & general protections | Page 20 (381 items)

A part-time worker trying to claim he was dismissed after exercising his protected right to complain about his pay was a contractor, not an employee, the Federal Circuit Court has found.

A "stupid" comment to a young employee wasn't a "threat of fatal violence" but it nonetheless made his work environment feel less safe, and forced him to resign, the Fair Work Commission has found.

An employer's adverse action defence has fallen down over its failure to confirm which HR professional recommended a final warning for an employee's misconduct.

An employee held a "reasonable suspicion" that warranted blowing the whistle on her employer, but her disclosures weren't the reason she was dismissed, the Federal Circuit Court has ruled.

A manager "reconstructed" evidence to support his reasons for excluding a worker from a site, the Federal Court has ruled in adverse action proceedings.

The Federal Circuit Court has found an employer made a "forensic choice" not to provide direct evidence of a decision-maker's reasons for rejecting a job applicant, and in doing so undermined its ability to defend a general protections application.

An employer breached its own enterprise agreement when it warned and then sacked an employee for posting his "provocative" views on social media, the Federal Court has found.

An employee has failed to convince the Federal Court that the real reason for his dismissal was not alleged s-xual harassment, but because he accused his manager of defamation on numerous occasions.

Sacking a worker for being unable to perform the inherent requirements of her role, which included reporting to a manager who had bullied her, was not unlawful adverse action, an employer has proved.

An employer has failed to prove it selected an employee with a "negative attitude" for redundancy because of his poor performance, and not because he made bullying and safety complaints.