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.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
