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.
The Fair Work Commission has clarified which factors it will – and won't – take into account when determining whether to reinstate a worker who wins an unfair dismissal claim.
Employers that fail to deal appropriately with employee complaints to unions can find themselves facing legal action, but superficial solutions are just as harmful, warns an employment law specialist.
An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.