The Victorian Federal Court has very recently (March 2015) dismissed an injured worker’s claim that his employer took “adverse action” against him by exposing him to a manager’s extremely and outrageously abusive behaviour and by failing to offer/provide him with a return to work plan.
Tag Archives: adverse action
Workplace investigation refutes adverse action claim
In this interesting QLD legal case, an employer’s workplace investigation proved critical in holding that adverse action had not been taken for a prohibited reason. The case is important because it illustrates the role played by workplace investigations in adverse action proceedings. This investigation demonstrated that the respondent’s real motive was to assess whether the employee was entitled to workers’ compensation. Therefore, entitlement to workers’ compensation could not be an operative reason for any of the impugned conduct…
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