Browsing: General protections and adverse action (754 items)
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An employer repudiated the contracts of male managers and dismissed them when it reduced their classification levels and wages to parity with female co-workers for "pay equity" reasons, as the demotions involved substantial reductions in remuneration, the FWC has found.
The Federal Court has rejected Skycity Adelaide casino's bid to dismiss for want of prosecution an employee's claim that it sacked him for whistleblowing, finding it "would have an air of punishment about it".
A DEI specialist found by the FWC to have been left with no option but to resign claims power company Endeavour Energy directed her to sideline an Indigenous man she selected to chair a NAIDOC week event, so that its head of organisational development could host it to "raise her professional profile".
A PSA South Australia industrial officer who claimed the union decided against extending her contract because she complained about a bullying colleague has lost her adverse action claim.
Racing Victoria has failed to persuade the FWC to hold off considering its chief veterinarian's claims that it pressured her to declare horses fit to race, a member noting that while the case had "substantial overlap" with an adverse action matter initiated in the Federal Court, they would move at different paces and address different questions.
The FWC has rejected a wellness and body shaping centre's "absurd" suggestion that an employee abandoned her employment by failing to attend a single shift, when it had directed her not to attend work until it arranged a disciplinary meeting.
FWC president Adam Hatcher has fleshed out procedural reforms for general protections claims involving dismissals, which have surged to 57% above the three-year average in the three months to September, while he has also foreshadowed the next areas he will target.
A "high-stakes" case set to test whether State workplace protections extend to independent contractors under the Fair Work Act has been set down for a three-week trial beginning in May, after Federal Court Chief Justice Debra Mortimer agreed that having enough time to assess witnesses is "critical" in such proceedings.
A disability support worker who lodged a general protections claim against a man with quadriplegia for allegedly forcing him to resign as a carer must pay part of his legal costs after holding out for too long on a settlement.
Faced with "simply unsustainable" growth in its caseload, the FWC is seeking to improve efficiency, starting with general protections cases involving dismissals, up by 27% over five years, partly on the back of paid agents using them as a "substitute" for unfair sacking claims, the tribunal's president said today.
