Browsing: Adverse action claims | Page 3

A worker's safety complaints, including around an employer's failure to cease operations during a severe weather event, "aggravated" his managers and led to him being unlawfully excluded from a site, the Federal Court has found.

A worker has won her claim that a BHP company took unlawful adverse action against her for refusing to work in a poorly lit area, and that the company's workplace safety procedures are "instruments" under industrial laws.

In an unusual case, a court has ordered a $75,600 penalty, levied against a company for breaching workplace laws, to be paid to a worker suffering silicosis, because without his efforts in bringing the case the employer likely would have escaped sanction.

A Federal judge has concluded that undertaking a rehabilitation program is not "work" as prescribed by WHS laws - a finding that precludes a worker from making an adverse action claim over her dismissal.

A Federal judge has found that selecting a worker for redundancy, after he raised multiple safety concerns, constituted unlawful adverse action, with his employer failing to prove his termination was due to poor performance and not his exercise of workplace rights.

A Woolworths employee has been awarded $10,000, after a court found the grocery giant took unlawful adverse action against her for raising safety concerns about a poorly lit car park.

A Fair Work Commission full bench has upheld an appeal by a worker who claimed his employer took unlawful adverse action against him by sacking him because he followed COVID-19 isolation orders.

A Federal judge has ordered an employer to pay a worker at least $162,000 in compensation, after hearing the man used a t-shirt as a face mask when he joined the company, and finding it took unlawful adverse action against him after he was diagnosed with silicosis.

• Adverse action Bill exceeds $2m after worker "destroyed"; and
  
• Employer fined over two amputation incidents in two months.

In a case involving a manager who was psychologically "destroyed" by her CEO, the Federal Court has ruled that the NSW Workers Compensation Act does not cap her access to damages under the Commonwealth Fair Work Act.