Main menu

Tag Archives: Adverse Action

Adverse action finding results in $25,500 worth of penalties being imposed

A crane hire company has been ordered to pay $25,500 in penalties after it was found to have taken adverse action against a union delegate who raised complaints about his pay. The employee claimed that he and his colleagues, who were covered by the Company’s enterprise agreement, were entitled to penalty rates in addition to…

Employer to pay over $450k for adverse action

The Federal Circuit Court has awarded an employee $415,698 in damages, as well as imposing $50,000 worth of civil penalties on an employer following a finding that the employer changed the status of the employee from full-time to part-time as a result of the employee making a workers’ compensation claim. The Court accepted that for…

‘Depressed’ employee fails in adverse action claim

An employee who was dismissed for being unable to perform the inherent requirements of her role has failed to establish to the Federal Circuit Court’s satisfaction that the employer dismissed her because she was depressed. Background The employee, who commenced employment with the health services industry employer in 2011, was employed as an on-site Turkish…

Care still required for probation terminations

An employee has been successful in a general protections claim following his employer’s decision to terminate him inside the employee’s probation period. Prior to the termination, there was a confrontation between the employee and his supervisor about the employee not being present at his desk. The employee subsequently contacted the employer’s HR department about the…

Unreasonable performance targets contribute to successful adverse action claim

The Fair Work Commission has recently found that an employer had taken adverse action against its employee when it unilaterally imposed unreasonable performance targets. The employee was employed by a real estate agency in a number of roles throughout her employment. In May 2014, the employee began what became a long health related absence, which…

Former directors liable for unpaid entitlements

The Federal Circuit Court has recently awarded compensation to a dismissed employee who had worked for four separate but related entities over the course of 8 years. Two of the companies had been deregistered at the time of the employee’s dismissal, while a third was in liquidation.  This arrangement was alleged by the employee to…

Pregnancy discrimination costs employer $235,000

In the recent case of Sagona v R & C Piccolo Investments Pty Ltd and Ors, the Federal Circuit Court has ordered the employer and its husband and wife owners to pay $235,000 to an employee who was found to have been discriminated against after she announced that she was pregnant. Background The Applicant in…

Significant penalty for adverse action claim against cancer victim

The Federal Court of Australia has penalised an employer and its director a total of $41,500 following the finding that the employer had taken adverse action against one its employees. Fair Work Ombudsman v AJR Nominees Pty Ltd & Minniti (No 1) In the substantive matter, the Federal Court heard that the employee, who had…