The essential elements of a Fair Work adverse action case

The essential elements of a Fair Work adverse action case explained. Here is an extract of a recent Federal Court…

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What is a workplace right?

Whilst the question I have posed in the heading of this post may seem disingenuously trite, the answer to the…

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Standard of proof in Fair Work general protections’ cases

What follows is an analysis of the standard (not burden) of proof in general protections’ cases “First, when making findings…

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Adverse action in the workplace; cutting to the chase

When determining whether the taking of adverse action against an employee is unlawful, Australian courts have consistently required the decision…

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Rocks and hard places; adverse action under the Fair Work Act

At the commencement of a decision of a Federal Circuit Court judge delivered on 1 September 2017, the learned judge…

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Adverse action cases; the law

For today’s post I have included a passage from a Federal Circuit Court judgment of Judge Antoni Lucev (a Western…

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Unlawful adverse action due to pregnancy found

A Federal Circuit judge has rejected a case brought alleging that a pregnant employee was the victim of unlawful adverse…

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Proof in adverse action cases

Assuming that an applicant in a general protections case can produce sufficient evidence to raise a prima case of a…

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Adverse action in the labour hire context Part 1

In the complicated world of the Fair Work Act general protections, the taking of adverse action against an employee for…

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Temporary absences from work under the Fair Work Act

Most of the general protections of the Fair Work Act prohibit the taking of adverse action against a person who…

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