HR practitioner liable after sacking worker who questioned pay
An employer, a supervisor, and an HR consultant committed unlawful adverse action when they sacked an employee who had questioned her rate of pay, a court has ruled. » more »
Adverse action (109 items)
HR manager's adverse action ruling overturned
A court has overturned an employee's $160k compensation for adverse action, finding an HR manager was justified in dismissing an absent employee who refused to attend an independent medical examination. » more »
Worker to pay costs of doomed claim; Employer's costs bid backfires
The Fair Work Commission has ordered costs against an employee who refused to accept multiple settlement offers in the hopes of being reinstated. In another case, an employer that tried to "punish" an employee for his claim has to pay his costs. » more »
Manager claims missed promotion was discrimination
The Federal Court has reaffirmed that employment policies aimed at addressing gender imbalance are protected from discrimination legislation, in a case brought by a former employee who alleges he was overlooked for a promotion because he is a man. » more »
Employee was "set up to fail" after bullying complaint
An employer committed unlawful adverse action when it "went looking" for reasons to dismiss an employee after he complained about his performance management process. » more »
Employer tried to 'manage out' employee who made bullying claims
An employer took unlawful adverse action when it actively sought to 'manage out' an employee by making her position redundant, the Federal Circuit Court has ruled. » more »
Failure to relocate same-sex couple wasn't adverse action
A same-sex couple's repeated attempts to relocate so they could live together did not lead to adverse action – but the employer could have adopted "a more proactive and supportive approach", the Federal Court has ruled. » more »
Employee given chance to replead "significantly flawed" claim
An employment law firm that allegedly failed in its implied duty of care, didn't honour its contractual obligations, and committed adverse action, has lost its bid to have an employee's claims against it dismissed. » more »
Employees need better education about dismissal claim rights: Judge
A Federal Court judge has called for employees to be better educated about their rights upon termination, in rejecting a dismissal claim wrongly pursued under general protections laws by a "confused" employee. » more »
Court denies dismissal injunction despite probable adverse action
Despite holding "little doubt" an employer took unlawful adverse action against an employee, the Federal Court has declined to issue an interlocutory injunction to return him to the workplace. » more »
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