Adverse action & general protections | Page 3 (433 items)

Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.

Being the subject of an apprehended domestic violence order application does not attract protection from adverse action under the Fair Work Act, the Federal Circuit Court has ruled.

A court has thrown out a novel adverse action claim, in which an employee argued he was refused a job on the basis of a physical disability, while also denying that he had such a disability.

The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.

The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.

When a manager told an employee he wanted to chat to him, but wouldn't "hold a gun" to his head, it was clearly not a threat to his safety, the Fair Work Commission has ruled in a constructive dismissal dispute.

Being unable to locate an employee's contract didn't mean an employer had breached the Fair Work Act or Regulations, the Federal Court has ruled in upholding an employer's appeal.

A chief people officer irritated by a manager's redeployment negotiations made a "snap decision" to make his role redundant, in breach of his general protections, the Federal Court has found.

It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.

An employer accused of engaging in a "protracted campaign" to dismiss a pregnant employee has successfully defended her general protections claim.