A child care centre that sacked a carer on the same day it conducted an impromptu performance assessment was not motivated by her earlier exercise of a workplace right when she complained about her treatment, the FWC has ruled in a consent arbitration.
Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.
A full Federal Court has quashed a finding that a $45,000 penalty imposed on the CFMEU should be paid to the federal government, because it would have provided a "windfall" gain for an organiser the union subjected to adverse action.
CFMEU national secretary Michael O'Connor has been described in Federal Parliament as the "Sepp Blatter of the union movement" by a Nationals senator in tabling affidavits by three former CFMEU officials who continue to claim they were driven out of the NSW construction branch for whistleblowing.
A 78-year-old council worker, dismissed after 61 years' service in an alleged bid to avoid severance entitlements, is seeking reinstatement and penalties against his former employer for age discrimination and adverse action.
A hospital-based interpreter who failed to inform her employer she was suffering depression when warned for repeated lateness has failed to convince a court that the disciplinary action and her subsequent dismissal amounted to unlawful adverse action because of her mental disability.
The Federal Court has rejected an employee relations specialist's claim that her employer took unlawful adverse action when it sacked her for taking sick leave after she suffered a mental breakdown and made allegations of sexual harassment.
The Federal Court has today granted an injunction to stop Victoria's Eastern Health from dismissing or disciplining a senior neonatal nurse based on an investigation it launched after she lodged incident reports about the care of newborn babies.
A court has struck out a worker's allegation that he was falsely imprisoned by HR employees, but he will be able to pursue the remainder of his adverse action claim.
