An employer has successfully appealed an order for it to reinstate a senior executive and backpay him $1 million, after a full Federal Court found the primary judge took an incorrect approach in assessing the evidence of the case.
An employer and its directors have failed to argue they have "suffered enough" after underpaying workers and shouldn't be fined for their Fair Work breaches.
An employee has lost her chance at an adverse action appeal; meanwhile her support person is being referred to Police after overstepping his role and sending a series of "abusive" emails to the Fair Work Commission.
A senior manager who suffered a mental breakdown has successfully claimed his "brutal" dismissal was adverse action, resulting in more than $5.2 million in damages and fines.
The CEO of an HR services provider who was sacked for serious misconduct is claiming her dismissal was unlawful adverse action. And IBM is backpaying its employees more than $12m after failing to ensure its annualised salary arrangements complied with all relevant modern awards.
An employer and director that blocked an employee's return to work after the birth of her child have been ordered to pay thousands in pecuniary penalties and compensation.
An employer has failed to block a HR manager's claim that it took adverse action against her in exposing her to liability for underpaying employees; and another employer has been fined for "very serious" Fair Work breaches.
A popular employee who worked as an informal advocate for others has failed to convince a court that his redundancy was actually unlawful adverse action.
New research shows it would be a mistake for employers to return to business as usual instead of maintaining their workplace flexibility. Also in this article: the Federal Circuit Court has rejected an injured worker's adverse action claim; new rulings on standdowns, JobKeeper disputes and more; and fewer employees are coming out at work.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
