Adverse action & general protections | Page 4 (433 items)

Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.

An HR business partner's "damning assessment of morale and employee relations" in a senior manager's team was the final straw that prompted his dismissal, the Federal Court has found in redetermining a long-running adverse action case.

When an employer responded to an employee's bullying complaints by threatening her mother's job, she had no choice but to resign, the Fair Work Commission has found.

Despite its evidence of ongoing performance issues, an employer has failed to prove it didn't sack an employee for frequently taking unplanned personal leave.

When an employer reduced the wages of men in its workforce by $10k to bring their pay into line with women's, it effectively dismissed them, the Fair Work Commission has ruled.

An employee was unlawfully sacked for discussing remuneration with colleagues and making workplace complaints, the Federal Circuit Court has ruled.

In a general protections case that identified 188 workplace complaints or enquiries, an employee failed to specify which "particular" prohibited reasons led to his termination, the Federal Circuit Court has found.

A recent general protections dismissal claim highlights a need for legislative change in this problematic jurisdiction, according to a workplace lawyer.

The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.

Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.