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.
Every day, HR professionals are required to defend and explain their practices in courts and tribunals, with far-reaching ramifications including legal liability and reputational harm. Watch this webcast to understand how to protect yourself.
An executive has been ordered to pay some of the costs her employer incurred in defending her high-profile adverse action claim, after the Federal Court found her allegations of s-xual misconduct were unreasonable.
