Adverse action & general protections | Page 25 (427 items)

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.

Removing a manager from her role, informing hundreds of staff of this decision, and then dismissing her, weren't actions taken because she'd made 19 workplace complaints, an appeal court has ruled.

An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".

An employee's "bizarre" communication style was the reason for his dismissal, and it was unsurprising that his employer was "confused" by it, the Federal Circuit Court has ruled in adverse action proceedings.

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.