Adverse action & general protections | Page 6 (433 items)

The reverse onus of proof in adverse action cases shouldn't be a "free kick" for employees to name numerous decision-makers without properly identifying their role in alleged contraventions, an employer has argued.

An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.

Making an employee's pre-parental leave position redundant repudiated her employment contract, but this only turned into a termination when she filed a general protections dismissal dispute, the Fair Work Commission has ruled.

The Fair Work Commission is allowing a late general protections claim to proceed, after an employer advertised a "similar" job to one it made redundant, just one day after the three-week time limit expired.

The number of workplace bullying complaints continues to rise, despite employers paying more attention than ever to this area. Watch this webcast to minimise the likelihood of your organisation facing a bullying claim and avoid the workplace culture and reputational damage they can cause.

When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.

An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.

Employers require more than a disagreement or impasse to prove an employee has repudiated their contract, a workplace lawyer says.

It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.

The Fair Work Commission is planning to require more work upfront from individuals lodging general protections dismissal claims, its President has told a conference.