An employee sacked by a supervisor without authority was entitled to decline an HR manager's invitation to restore his employment, the Fair Work Commission has ruled in clearing him to pursue his adverse action claim.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
