Employers now, more than ever, should equip themselves to defend a general protections claim before contemplating any dismissal, a workplace relations lawyer warns.
An employee who was described as a "super manager" - but deemed "unsuitable" for her role after she made a s-xual harassment complaint - was exposed to unlawful adverse action, the Federal Circuit Court has found.
An employer has successfully defended a claim from an HR team member whose role was made redundant soon after he filed a bullying complaint, in a case that shows businesses shouldn't fear the general protections laws when they have a legitimate reason for termination.
Employers that require information about an employee's medical condition can direct them to attend a medical examination, but must take care to ensure the direction is "lawful and reasonable" an employment lawyer warns.
The Productivity Commission has recommended further clarifying the Fair Work Act's general protections provisions, and capping the compensation that can be awarded in adverse action claims, in its review of the workplace relations system.
An employee who described her colleagues as unprofessional and lazy, and said her job was boring and beneath her, has failed to convince the Federal Circuit Court that her dismissal was actually triggered by her taking sick leave.
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.
