Adverse action & general protections | Page 3 (474 items)

An employee doesn't have to correctly identify an employer to make a valid general protections claim against it, a Fair Work Commission full bench has affirmed.

A managing director was terminated because he complained about a direction that put him in an "impossible position", the Federal Court has ruled.

Despite significant pushback against a specific provision, the Senate has now passed changes to the Fair Work Act, following an amendment moved by the Greens.

An HR consultant took necessary and appropriate steps to examine an employee's own conduct when determining whether her bullying and other allegations had a "proper foundation", the Federal Court has ruled.

The absence of evidence from a director closely involved in the sacking of a "serial complainant", after he assaulted a colleague at work, has undermined an employer's defence to his adverse action claim.

An injured worker who was medically restricted to working from home was dismissed when his employer said it wouldn't offer further duties unless he returned to its office, the Fair Work Commission has found.

A talent acquisition partner complained an HR team was bullying him to "deflect criticism of his clear underperformance", the Federal Circuit Court has found.

Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this webcast to understand key lessons from recent court and tribunal decisions.

General protections claims are the fastest-growing category of applications in the Fair Work Commission. Read what our webcast covers here, then watch the full presentation with premium membership.

An employee's participation in sexualised banter "from time to time" didn't mean she welcomed a supervisor's proposition, the Federal Court has stated, in finding her employer vicariously liable for his conduct.