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.
An employer took adverse action against an injured worker by changing his 90-hour week to a part-time arrangement after he claimed workers' compensation, the Federal Circuit Court has found.
The Federal Circuit Court has rejected a worker's claim that she was sacked for asking not to work with a colleague who made her feel unsafe, ruling she was dismissed for assaulting the co-worker on the job a year earlier.
The Fair Work Commission has found that an employer will be in breach of the Fair Work Act if it dismisses an injured worker - who is unable to perform the inherent requirements of his role - while he receives income support from a "sick leave pool".
A judge has rejected a worker's claim that her employer took adverse action against her in sacking her for making a bullying complaint against managers, finding she was dismissed for performance issues and reacting poorly to criticism.
A recent full Federal Court decision confirms that an employee's poor performance or misconduct cannot be excused automatically by a medical condition, according to law firm Herbert Smith Freehills.
A Federal Court full bench has upheld an employer's appeal against an adverse action claim, after it found a dismissed worker's misconduct wasn't linked to his depression.
The High Court's decision in Commonwealth Bank of Australia v Barker has "allayed the fears" of employers by blocking a new avenue for them to be sued over workplace bullying and other issues, according to Sparke Helmore Lawyers.
An HR manager acted inappropriately in sending the details of her bullying complaint against her CEO to a potential witness who worked for another company, the Federal Circuit Court has ruled in dismissing her adverse action claim.
