Browsing: Adverse action claims | Page 2

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.

A worker has unsuccessfully claimed his brother and his employer took unlawful adverse action against him for making workplace complaints, with a court finding the company was forced to take action when a dispute between the "warring" brothers started to affect the health and safety of staff.

A worker who claimed she was fired for exercising her workplace rights, under health and safety laws, has had her adverse action claim denied, with a court finding she was terminated for performance and disciplinary issues.

A Federal judge has found that selecting a worker for redundancy after he raised multiple workplace concerns, including safety issues surrounding unlicensed work, constituted unlawful adverse action. The judge found the man's employer deliberately marked his performance down to justify his termination.

An employer and its HR manager have been penalised for unlawful adverse actions, after a "welfare check" on a worker quickly escalated into her dismissal because the manager didn't want to deal with her bullying allegations.

A financial analyst who claimed she was required to work 16 hours per weekday, and up to eight hours every weekend, has failed to prove her employer breached the reasonable hours provisions of the Fair Work Act.

An actor suffering from post-traumatic stress disorder, from a particularly traumatic event that occurred while she was working with children in a hospital, has been blocked from bringing a general protections claim - involving alleged first-aid failings - because she had an anti-discrimination claim on foot at the same time.

Employees don't have a workplace right to "subjectively decide what is and is not a safe and appropriate workplace practice", a Federal judge has affirmed in dismissing a worker's adverse action claim.

A Bill banning insurance against WHS penalties in the Commonwealth jurisdiction, and "lowering the bar" for safety convictions, has passed both houses of Parliament without amendment, despite one colourful senator describing it as "sneaky" and "dangerous" legislation, and others calling for provisions blocking vaccine mandates.

A Melbourne business and its directors have been fined, and a worker compensated, after the worker claimed he was subjected "to unreasonable health and safety risks because of his race" and unfairly sacked.