A manager whose role was made redundant just hours after he allegedly told his employer he planned to apply for unpaid parental leave has lost his adverse action claim.
An employee's stress during a restructure was potentially exacerbated by some "miscommunication", but her redeployment was reasonable and didn't force her to resign, the Fair Work Commission has ruled.
An employer has failed to prove it made two roles redundant because it held a "genuine belief" that COVID was negatively impacting its business, with a court finding the timing of its decision was "inexplicable".
An employer had a right to make operational changes that led to a redundancy, even if the impacted employee considered them "bad, or wrong" decisions, the Fair Work Commission has held.
An employer's adverse action defence has fallen down over its failure to confirm which HR professional recommended a final warning for an employee's misconduct.
An employer acted with "undignified haste" when making a manager redundant, with no attempt to offer him one of three available redeployment options, the Fair Work Commission has found.
An employer has failed to prove it shouldn't have to pay redundancy entitlements to workers who moved to a new labour supplier at the same site after a contract changed hands.
An employer has failed to prove it selected an employee with a "negative attitude" for redundancy because of his poor performance, and not because he made bullying and safety complaints.
An employer's "shameless" attempt to use unpaid entitlements as a bargaining chip to settle an unfair dismissal claim was "disturbing and distasteful to observe", the Fair Work Commission has said.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
