A court has thrown out a novel adverse action claim, in which an employee argued he was refused a job on the basis of a physical disability, while also denying that he had such a disability.
The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
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.
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.
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.
