Browsing: General protections and adverse action | Page 7 (723 items)
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An employer has won a rare costs order against an experienced paid agent after the FWC agreed that he should "never" have run a pregnancy discrimination case given there was no evidence the on-hire worker was ever dismissed.
A NDIS provider has refuted allegations it took unlawful adverse action by sacking a worker because of her autism spectrum disorder, with a FWC consent arbitration finding her efforts to rescue a dog and dispose of a client's medication exceeded the scope of her duties.
In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.
A Federal Court judge has refused to transfer a safety executive's adverse action case from Sydney to Perth, partly because of her claim that simply setting foot in the city where she was sacked has a "triggering" effect on her mental health.
A judge has compiled a checklist for workers pursuing employers over unreasonable hours, highlighting the difficulties a product marketing manager faces in building her adverse action case without detailed evidence of workloads, deadlines and demands to complete tasks.
The FWC has extended time for a worker's general protections application after one of its employees gave her "inappropriate" advice, after which she discontinued her initial claims.
A court has awarded a former Laing O'Rourke manager more than $1.5 million in compensation and damages after finding his sacking, for allegedly intimidating property owners during the 2020 bushfire recovery effort, unlawfully interrupted his career trajectory.
A FWC full bench has brought the hammer down on under-fire paid agent Employee Dismissals, refusing permission for it to represent any of 46 workers who have made unfair dismissal and general protections applications.
A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".
The ACTU is recommending the FWC include more "practical detail" in its draft "right to disconnect" award term, to "spell out" what the Commission will consider when it determines whether or not a refusal is unreasonable and is also proposing a review in 12 months.
