Adverse action & general protections | Page 25 (433 items)

It was unfair of an employee not to tell his employer about a mental disability that could affect his work performance, the Federal Circuit Court has ruled in adverse action proceedings.

An HR business partner has defended claims she failed to support an overwhelmed manager, with the Fair Work Commission finding she often acted as a "sounding-board" and tried to help improve her performance.

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.