In adverse action cases where employers can correctly identify the person or people who decided to take action against an employee, and the court accepts their evidence, the claim usually fails, says Ashurst partner Marie-Claire Foley. » more »
Rulings handed down to date provide valuable lessons that can help employers minimise the risk of facing an adverse action claim, and build a defence that will stand up in the Fair Work Commission. Watch this webcast to learn how to apply them. » more »
An employer that did not renew a senior worker's employment contract because of insubordinate and unprofessional behaviour has been cleared of adverse action by the Federal Court. » more »
Every day, HR professionals are required to defend and explain their practices in courts and tribunals, with far-reaching ramifications including legal liability and reputational harm. Watch this webcast to understand how to protect yourself. » more »
Decisions to terminate employment should have a clear, identifiable chain of reasoning, recent adverse action rulings highlight. » more »
An executive has been ordered to pay some of the costs her employer incurred in defending her high-profile adverse action claim, after the Federal Court found her allegations of s-xual misconduct were unreasonable. » more »
The Fair Work Commission has clarified which factors it will - and won't - take into account when determining whether to reinstate a worker who wins an unfair dismissal claim. » more »
Employers that fail to deal appropriately with employee complaints to unions can find themselves facing legal action, but superficial solutions are just as harmful, warns an employment law specialist. » more »
An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court. » more »
A case in which an HR manager was sacked for sharing her employer's policies and documents raises some questions about investigations and surveillance in the workplace, according to DLA Piper partner Brett Feltham. » more »
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It has never been more important for employers to properly manage sick leave and risks of illness in their workplace. This HR Daily webinar will provide details around legal issues, case law, and management considerations.
