Adverse action & general protections | Page 5 (381 items)

Despite being described as "a most difficult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.

Swearing might have been part of an employer's "everyday work culture", but a director's aggressive and confrontational language was unacceptable, the Fair Work Commission has ruled in a constructive dismissal dispute.

Allegations that prompted the sacking of a complaining employee were "based on flimsy foundations" and caused her mental harm, the Federal Court has ruled in awarding her $382k in compensation and penalties.

The involvement of dedicated HR specialists had an "adverse" impact on the procedures an employer followed when sacking a worker, and warranted an order for maximum compensation, the Fair Work Commission has ruled.

An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.

Telling a pregnant employee they "would have to call it quits" if she continued working in an unsafe manner did not amount to a dismissal by her employer, the Fair Work Commission has found.

An employee who believed she worked "efficiently and competently" has lost her adverse action claim, with the Federal Circuit Court finding she was lawfully sacked for her ongoing defiance of authority.

A "heated discussion" with an employee about his failure to follow instructions did not amount to a dismissal, the Fair Work Commission has found.

The Federal Court has ordered the interim reinstatement of an employee sacked for poor performance, finding there was at least an arguable case he was unlawfully dismissed for making workplace complaints.

In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.