The Fair Work Commission has ordered costs against an employee who refused to accept multiple settlement offers in the hopes of being reinstated. In another case, an employer that tried to "punish" an employee for his claim has to pay his costs.
The Federal Court has reaffirmed that employment policies aimed at addressing gender imbalance are protected from discrimination legislation, in a case brought by a former employee who alleges he was overlooked for a promotion because he is a man.
An employer committed unlawful adverse action when it "went looking" for reasons to dismiss an employee after he complained about his performance management process.
An employer took unlawful adverse action when it actively sought to 'manage out' an employee by making her position redundant, the Federal Circuit Court has ruled.
A same-sex couple's repeated attempts to relocate so they could live together did not lead to adverse action – but the employer could have adopted "a more proactive and supportive approach", the Federal Court has ruled.
An employment law firm that allegedly failed in its implied duty of care, didn't honour its contractual obligations, and committed adverse action, has lost its bid to have an employee's claims against it dismissed.
A Federal Court judge has called for employees to be better educated about their rights upon termination, in rejecting a dismissal claim wrongly pursued under general protections laws by a "confused" employee.
Despite holding "little doubt" an employer took unlawful adverse action against an employee, the Federal Court has declined to issue an interlocutory injunction to return him to the workplace.
The Federal Circuit Court has accepted that an employer did not sack an employee for insisting that it investigate his workplace bullying complaint, finding the organisation's response was reasonable.
A senior executive sacked after numerous run-ins with HR staff has won reinstatement plus nearly $1m in backpay. Also in this article, new rulings on workplace investigation failures; getting men more engaged with gender equality; and more.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
