Adverse action cases are delivering ever increasing compensation pay-outs.

An example is the recent decision of the Queensland Supreme Court which awarded the employee concerned $1.3 million for past and future economic loss and ordered the employer to pay the CFMEU a $50000 penalty as the organisation acting on the employee’s behalf.

This is the highest award yet under the adverse action provisions since their establishment as law. In this case the Court rejected the evidence of the employer’s decision maker.

Decisions in HR matters should be a Policy dictate I.e. Procedure supporting Policy.

Acknowledgement of each step by all involved allows for the discipline of process implementation with the ability to raise concerns as to criteria supporting each step.

It’s not enough in this day and age to say “I was just following instructions “ if the directions are unlawful. HR and other managers are being found liable by not keeping accurate records of discussions and the process whereby a decision was reached.

The process of recording acknowledgements which involves the management stream in decision making is of great assistance in defending a claim.

Construction Forestry, Mining and Energy Union v Hail Creek Pty Ltd (2016) FCA 199(26 February 2016)