When courts are considering who made a decision to dismiss or take other adverse action against an employee, and for what reasons, identifying and interrogating all decision-makers has become a "live issue", a workplace lawyer says.
A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.
Dismissing an employee because he wouldn't agree to his image or voice being shared on social media, unless he was paid extra for it, amounted to unlawful adverse action, the Federal Circuit Court has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. Watch this HR Daily Premium webcast where important developments in both procedural issues and case law are discussed.
An employee made "unparticularised, untrue and potentially defamatory allegations" against her manager in a bid to stop her performance management process, the Federal Circuit Court has found.
An employee whose general protections claim was struck out as an abuse of process has won leave to appeal, after the Federal Circuit Court accepted his contentions of bias had sufficient prospects of success.
The Fair Work Commission has rejected that an employee was forced to resign due to unaddressed psychosocial risks, finding her employer was "supportive" and acted in a "timely and comprehensive manner".
The Fair Work Commission has berated an employee, who continued to use AI tools to prepare his general protections claim after being warned his submissions were "incoherent" and misleading.
Despite failing to help a manager deal with a "complicated" parental leave situation, an employer has proved it didn't take unlawful adverse action against an employee, the Federal Circuit Court has ruled.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
