Login or become a Shortlist subscriber

Rejected applicant wins claim after employer fails to disclose reasons

An unsuccessful job applicant has won a general protections claim after the employer made a "forensic choice" not to provide direct evidence of its reasons for rejecting him.

The ruling highlights that organisations mustn't underestimate what it takes to discharge their reverse onus of proof when facing claims, Henry William Lawyers senior associate Renee Kasbarian tells Shortlist.

The case involved a nurse, who claimed he suffered unlawful adverse action when his employer created a new role – resulting in his position becoming redundant – and refused to appoint him to it because he had made workplace complaints and a Fair Work Commission application...