Rare award of general damages for general protections’ case

In a reasonably rare award of damages for non-economic loss by the Federal Circuit Court in a general protections’ case,…

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How to pass the BOOT test

As most practitioners are aware, an enterprise agreement cannot be registered by the Fair Work Commission unless the Commission is…

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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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