NSW Wrong reason for a prohibited adverse action

Discussion in 'Employment Law Forum' started by Taco Cat, 19 April 2019.

  1. Taco Cat

    Taco Cat Well-Known Member

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    How does a court deal with the following scenario relating to an employee's adverse action claim?

    1. Employee uses workplace right X.
    2. Later, employee uses workplace right Y.
    3. Employer commits prohibited adverse action against employee for either X or Y. Either reason is prohibited.
    4. Employee goes to court claiming prohibited adverse action was committed because of X.
    5. Court rules prohibited adverse action was committed because of Y.

    Does the employee win or lose the case?

    Should the employee have claimed both reasons X and Y instead of just one?
     
  2. Rod

    Rod Lawyer
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    Employee.

    Yes.
     
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