Adverse action & general protections | Page 5 (448 items)

When a manager told an employee he wanted to chat to him, but wouldn't "hold a gun" to his head, it was clearly not a threat to his safety, the Fair Work Commission has ruled in a constructive dismissal dispute.

Being unable to locate an employee's contract didn't mean an employer had breached the Fair Work Act or Regulations, the Federal Court has ruled in upholding an employer's appeal.

A chief people officer irritated by a manager's redeployment negotiations made a "snap decision" to make his role redundant, in breach of his general protections, the Federal Court has found.

It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.

An employer accused of engaging in a "protracted campaign" to dismiss a pregnant employee has successfully defended her general protections claim.

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.