Adverse action & general protections | Page 39 (433 items)

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.

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.