An employer that moved a full-time employee to a part-time role to reduce its workers' compensation costs has been ordered to pay more than $470k in damages and fines.
Employers should have clear whistleblower policies that encourage staff to air concerns safely and anonymously, but not offer rewards or compensation in return, says McDonald Murholme employment lawyer Bianca Mazzarella.
An employer and its managers took unlawful adverse action against an employee when they asked other workers to write complaints that would support their decision to sack her, the Federal Circuit Court has found.
An employee who took sick leave after his annual leave request was denied did not suffer adverse action when he was dismissed - and made a tactical mistake in claiming he did, the Federal Court has found.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
