Browsing: General protections and adverse action | Page 70 (723 items)
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Allowing a worker to switch from pursuing an unfair dismissal to a general protections claim after unsuccessful conciliation would allow him "two bites of the cherry", the Fair Work Commission has ruled.
The Federal Circuit Court has hit a transport operator who sacked a driver for taking carer's leave and then terrorised him, his family and his union solicitor when he instituted legal proceedings with close to the maximum penalty for unlawful adverse action.
A court has found that a worker who was asked to look for alternative employment due to his heart condition was dismissed, rejecting his employer's argument that his job ended by "mutual agreement".
In its first ruling on the issue, the Fair Work Commission has decided that unions can include multiple employees in a single general protections application.
A court has found that a law firm acted quickly to investigate claims of harassment by one of its solicitors and was entitled to treat emails from her stating that the employment relationship had broken down as a resignation.
An accounting firm dismissed a client manager because of serious misconduct rather than the "several and various exercises of his workplace rights" in the lead-up to his dismissal, the Federal Circuit Court has found.
The Federal Court has ordered an Xstrata subsidiary to provide the CFMEU's mining division with documents that will enable it to decide whether to include the mining company in an adverse action claim by a delegate who was sidelined after raising safety concerns.
A Myer sales manager who did not disclose an anxiety condition to his employer or make any plan to seek workers compensation has failed to argue that these were the real reasons for his dismissal, rather than concerns with his performance.
Victoria's Office of Public Prosecutions has been ordered pay a $10,000 fine and to reinstate a solicitor it subjected to unlawful adverse action when it stood him down then dismissed him for misconduct that "arose wholly" from his anxiety and depression.
The FWBC has included CFMEU construction and general division national secretary Dave Noonan in its fourth prosecution over the $1.2 billion Perth Children's Hospital project.
