Adverse action & general protections | Page 32 (474 items)

In a case highlighting the importance of contemporaneous dismissal evidence, the Federal Circuit Court has rejected that a general manager was sacked for making workplace bullying complaints.

It was "easy" to see why an employee believed she had been targeted for disciplinary action, but she was ultimately the "author of her own misfortunes", a court has found in rejecting her adverse action claim.

An employer displayed "marked indifference" to an employee's complaints about appearing in a sexualised workplace safety poster, the Fair Work Commission has ruled.

The High Court has refused to grant special leave to an employee whose $5.2 million damages award for adverse action had been overturned, but the dispute is set to be reheard in the Federal Court.

An employer was likely entitled to mandate the COVID vaccination based on its risk assessment and the potential disruption an outbreak would cause, despite not being subject to public health orders, the Federal Court has ruled in interlocutory proceedings.

An employee who refuses to be vaccinated against COVID-19 has failed to prevent impending disciplinary action, with a court describing her adverse action claim as "exceedingly weak".

An employer must apologise and pay a former employee $50k in damages after a court found he was frequently called a "black c-nt" at work, damaging his mental health.

An employee sacked for misconduct has won a rehearing of her adverse action claim, with a court accepting her employer might have included workplace complaints among the "behavioural issues" it considered when dismissing her.

An employer has defended a novel adverse action claim involving a casual employee, a stop-bullying application, and mandatory vaccinations.

An employee has failed to convince a court her employer was involved in organised crime and discriminated against her because she was "white, non-Muslim, female and mature".