Adverse action & general protections | Page 27 (433 items)

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.

An employee was sacked for repeatedly refusing to attend an assessment prior to returning to work after a year's leave, not because he complained about his employer's "unreasonable demands", a court has ruled.

An employee was demoted and then constructively dismissed after complaining about her manager's repeated enquiries into her romantic relationships, a court has ruled in adverse action proceedings.

An increasing number of senior leaders and probationary employees are lodging adverse action claims, but employers can take some simple steps to mitigate these risks, a lawyer says.

An employer has failed to prove a team restructure and an employee's subsequent redundancy weren't motivated by his numerous workplace complaints.

In a case highlighting the importance of contemporaneous dismissal evidence, the Federal Circuit Court has rejected that a general manager was sacked for making workplace bullying complaints.