Adverse action claims highlight developing risk areas
The pandemic is having an impact on adverse action claims, making this an important area for employers to monitor closely, a workplace lawyer says. » more »
Adverse action (128 items)
Webcast: Adverse action case law update
General protections claims are on the rise, with employees feeling they have little to lose by launching an action. Watch this webcast for an up-to-date look at recent developments, rulings and practical risk-mitigation strategies. » more »
Job offer withdrawal was 'extraordinary timing' but not adverse action
A 71-year-old prospective employee whose job offer was rescinded shortly after he disclosed his age to HR has failed to prove the employer took unlawful adverse action against him. » more »
"Deliberately provocative" posts warranted disciplinary action
An employee sacked over controversial social media posts has failed to convince the Federal Court his dismissal was unlawful adverse action. » more »
'Misleading' exec sacked for serious misconduct loses adverse action claim
An employer has defended sacking a chief operating officer who misled its board in a "serious and material way", with the Federal Circuit Court rejecting his adverse action claim. » more »
Employer wins appeal against $1m backpay, reinstatement
An employer has successfully appealed an order for it to reinstate a senior executive and backpay him $1 million, after a full Federal Court found the primary judge took an incorrect approach in assessing the evidence of the case. » more »
$230k fines for underpayments, adverse action breaches
An employer and its directors have failed to argue they have "suffered enough" after underpaying workers and shouldn't be fined for their Fair Work breaches. » more »
Support person overstepped in 'representing' adverse action claimant
An employee has lost her chance at an adverse action appeal; meanwhile her support person is being referred to Police after overstepping his role and sending a series of "abusive" emails to the Fair Work Commission. » more »
"Brutal" dismissal that ignored HR advice costs $5.2m
A senior manager who suffered a mental breakdown has successfully claimed his "brutal" dismissal was adverse action, resulting in more than $5.2 million in damages and fines. » more »
Employer "manufactured" poor performance after safety complaint
An employer and director have received near-maximum fines after confecting performance issues to justify sacking a worker who made safety complaints. » more »
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Minimising workplace psych risks
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