A worker has failed to convince a judge that her employer knew she was suffering from depression when it disciplined her for performance issues because she sobbed throughout the disciplinary meeting.
An employer took adverse action against a worker in terminating her employment after she complained that her boss called her a "slut", the Federal Circuit Court has found.
A union's decision to challenge a ruling on sick leave in the High Court has highlighted the importance of employers having "good documents and a thoughtful decision-making process" to defend against adverse action claims, according to a senior IR lawyer.
It was "glaringly improbable" an employer knew a worker had PTSD before sacking him for failing to undertake a competency assessment, the Federal Court has found in partially upholding the employer's adverse action appeal and reducing the man's $100,000 award.
A worker was sacked because she was "a potential danger to herself and others", and not, as the worker claimed, because she exercised her workplace right to report OHS issues, the Fair Work Commission has found.
The Federal Circuit Court has rejected an injured worker's claim that an employer took adverse action against him in refusing to hire him after he failed a functional assessment.
A company that restructured one of its worker's roles after she suffered an anxiety disorder has been found to have taken unlawful adverse action against her because of her mental condition.
The Federal Court has rejected an injured worker's claim that his employer took adverse action against him by exposing him to a manager's abusive "dressing down" and failing to offer him a return-to-work plan.
