A recent case that focused more on management behaviour than objective action is one example of increasingly "creative" adverse action claims, a lawyer warns.
A finding that an organisation unfairly sacked an employee after he had a panic attack, packed his belongings and left work serves as a warning never to assume someone has resigned, an employment lawyer says.
Since the Fair Work Act's introduction, the complex area of adverse action and general protections claims has evolved significantly. Is your knowledge up to date? Watch this webcast to hear lessons from the latest case law, and tips on how to minimise the risk of claims.
An employer has been awarded damages after a former employee copied confidential files and worked for a competitor while on gardening leave, but is nearly $80k out of pocket after failing to recover all of its costs.
An employee who sent her employer's confidential client information to her private email account the day she resigned was fairly dismissed, the Fair Work Commission has found.
An employee who spat during an altercation with a colleague has been reinstated, after a commission found his employer's instructions to investigators led to a biased report.
Recent Fair Work Commission rulings deal with abusive workplace behaviour; perceived bullying in competitive environments; and an important jurisdictional question.
An employer has been ordered to reinstate an injured worker it sacked for being unfit for work, after its HR manager provided the CEO with "misconceived" advice.
An employer discriminated against a new recruit when it sacked him for his criminal conviction, the Australian Human Rights Commission has found, but the company is denying any obligation to compensate him.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
