An employer has been fined for threatening an employee with discipline after she made a workplace complaint, with the Federal Circuit Court chastising its HR team for facilitating the adverse action.
The Fair Work Commission has rejected that an employee's domestic violence disclosure to HR triggered an "exponential" increase in performance conversations that led to his constructive dismissal.
An employer has been ordered to pay a manager more than $2.25 million in compensation, penalties and costs after its CEO "effectively destroyed" her life.
A manager who was bullied and intimidated, and then sacked, after being diagnosed with a terminal illness has been awarded $163k in adverse action proceedings.
An HR manager took the "first opportunity" to dismiss an employee who raised workplace bullying allegations, a court has ruled in adverse action proceedings.
Among key lessons from recent adverse action cases, an employment lawyer says it is critical for HR to document any decision-making process and be conscious of the timing around those decisions.
As employees become increasingly litigious, adverse action claims show no signs of slowing down. Watch this HR Daily Premium webcast to ensure your knowledge of case law and risk mitigation tactics is up to date.
Evidence that an employer thought a worker's overtime pay enquiry suggested "rot" would spread through the organisation has undermined its defence to an adverse action claim.
An employer accused of taking unlawful adverse action was "left without a leg to stand on" when a judge based her finding on a "suspicion" of conspiracy, the Federal Court has ruled in upholding its appeal.
