Browsing: Adverse action claims


FRI
3:51PM

"Ethically reprehensible" and repeatedly aggressive manager loses adverse action and WHS claims

A "critical and insensitive" manager who routinely swore at his subordinates in an attempt to motivate them to meet purported "German demands" has lost his adverse action case, with a court finding his behaviour warranted instant dismissal and he wasn't the victim of WHS breaches.



MON
2:16PM

BMA penalised for banning labour-hire workers for safety complaints, union says tide is turning

A major organisation partly run by BHP has been fined $120,000 for undermining safety protections, and ordered to pay compensation to labour-hire personnel who were targeted after exercising their workplace rights over a dimly lit area and lightning storms.


THU
3:50PM

Workers' comp "threat" not adverse action, bid for WHS regulator to intervene rejected

A court has rejected a worker's claim that her employer unlawfully threatened to lodge a workers' compensation claim, against her will, after she raised safety concerns affecting her mental health.


MON
2:33PM

Twenty-eight bullying, adverse actions claims dismissed

A worker has unsuccessfully claimed he was subjected to 15 counts of bullying and 13 forms of unlawful adverse action relating to his job responsibilities, with a commission finding all the alleged conduct was reasonable action taken in response to changed operational needs.


WED
11:44AM

CEO's adverse action and safety claims dismissed

A court has rejected a CEO's claim that her employer engaged in a "witch hunt" to find reasons to sack her because she raised safety concerns at a board meeting. It also found that requiring her to obtain a medical certificate to show she was fit for work after she disclosed mental health issues did not constitute adverse action.


FRI
11:09AM

Change management lessons provided by bullying case

A commission has refused a worker stop-bullying orders in a case providing "lessons" on change management failures, which previously led to an organisation losing an adverse action case and being handed a $12,000 penalty.


WED
3:57PM

High Court rules against Qantas, safety issues raised

The High Court has confirmed Qantas Airways Ltd took unlawful adverse action against 1,700 ground crew workers when it outsourced their jobs during the COVID-19 pandemic. The union that brought the case applauded the judgment, and highlighted a string of workplace safety issues that it claims arose from the outsourcing arrangement.


WED
12:52PM

Remote work and anti-bullying rights examined by judge

In an ongoing case involving a worker claiming she was bullied by being barred from working from home, a court has clarified when a person has a workplace right to expect their employer to comply with the Fair Work Act's anti-bullying provisions.


FRI
3:58PM

Worker sacked for swearing complaint, wins $93.5k

A worker who was treated poorly after he asked his boss not to call him a "c-nt" has been awarded at least $93,500, with a court highlighting the worker's rights under health and safety laws and finding his employer's decision to dismiss him was influenced by his complaint.


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