Browsing: General protections and adverse action (767 items)
Viewing all articles in "General protections and adverse action" which contains two sub-topics, select one from the list below to further narrow your browsing.
The Albanese Government is considering scrapping a "disastrous" requirement for the FWC to decide whether workers have been sacked before conciliating dismissal-related general protections claims, as part of its response to the tribunal's ballooning workload.
A rope access technician has been ordered to pay $125,000 in costs after pursuing a failed underpayments and discrimination case described by the judge as "a textbook example of launching an action without reasonable cause".
A judge has flagged compensation of more than $600,000 for a former St Vincent de Paul Society senior manager unlawfully sacked following a "sham" HR probe, but declined to award more after finding she misled the court and exaggerated her incapacity.
The FWC has cleared the way for a worker to challenge his "unusual" temporary sacking, confirming an administrative error that unintentionally ousts an employee can still amount to a "dismissal at law".
A former Tech One manager who rejected a "genuinely commercially-based" $2.2 million settlement of his "objectively untenable" $55 million general protections claim is now facing what is likely to be a seven-figure costs order, after a Federal Court ruling.
The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.
The FWC has emphasised its "high bar" for extending time, finding no basis to accept a general protections claim submitted at the last minute but received 16 seconds late, nor another lodged just four seconds beyond the 21-day statutory deadline.
A court has refused to lift a short-term contractor's unpaid suspension while he runs an adverse action case against an employer that declined to make him permanent, finding incompetence might "at best" be to blame for its investigation delays, while any harm to his reputation is "self-inflicted".
The former national HR manager of the country's biggest tug operator made a "snap decision based on... irritation" when she chose to unlawfully dismiss a senior port manager because he rejected a new role central to restructuring plans, a court has found.
