Adverse action & general protections | Page 34 (381 items)

A worker who resigned after her employer unilaterally raised her sales targets has successfully claimed it was a forced dismissal and amounted to adverse action.

Employers that wait for repeated or extended absences to become an issue before taking action could find themselves having to "start from scratch" when it comes to managing a worker back into or out of the workplace, says Ashurst senior associate Shannon Chapman.

An employer breached the National Employment Standards and a worker's contract when it failed to return him to full-time work after parental leave, but it did not take adverse action against him, a court has ruled.

An employee who was subjected to "such a vehement and vitriolic dressing down" from his manager that he became unfit for work has failed to convince the Federal Court that the incident, and his employer's failure to properly investigate it, constituted adverse action and breached his employment contract.

Do you know which policies, procedures and contracts need reviewing, in light of recent legislative and case law developments? Watch this webcast to understand how the employment law landscape has changed in relation to bullying, adverse action, employment contracts, investigations and more.

An employee who was dismissed for refusing to accept a new position has failed to argue he was sacked for taking sick leave, even though his termination letter expressly referred to it.

The Productivity Commission plans to look specifically at whether perceptions of the unfair dismissal jurisdiction match up to reality, as part of its broad workplace relations review.

In adverse action cases where employers can correctly identify the person or people who decided to take action against an employee, and the court accepts their evidence, the claim usually fails, says Ashurst partner Marie-Claire Foley.

Rulings handed down to date provide valuable lessons that can help employers minimise the risk of facing an adverse action claim, and build a defence that will stand up in the Fair Work Commission. Watch this webcast to learn how to apply them.

An employer that did not renew a senior worker's employment contract because of insubordinate and unprofessional behaviour has been cleared of adverse action by the Federal Court.