An employee's intellectual freedom rights trumped his employer's code of conduct requirement to treat others with sensitivity, a full Federal Court has ruled in upholding his appeal.
An employer has successfully appealed against a $5.2m damages payout to a senior manager who claimed his "brutal" dismissal was unlawful adverse action.
Asynchronous communication is the key to work/life harmony, according to a remote-first HR leader. And Qantas has failed to prove it didn't take unlawful adverse action in outsourcing thousands of jobs during COVID-19.
An employee who alleges he was dismissed on the basis of seven proscribed reasons has been cleared, on appeal, to pursue his unlawful termination claim.
A candidate who failed to meet the conditions of her employment offer and never started the job has claimed her prospective employer engaged in unlawful adverse action.
An HR manager was "extremely" quick to assume an employee who took sick leave after being assigned new responsibilities was abusing his entitlements, the Federal Circuit Court has found in upholding his adverse action claim.
An employer and its directors have failed to prove on appeal that they didn't take unlawful adverse action against a manager, but they have successfully challenged the "manifestly excessive" penalties imposed.
An employee who claimed he was left to "drift into irremediable psychological illness" after he made a workers' compensation claim has failed to prove he was unlawfully dismissed.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
