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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Adverse action in fair work law; how wide is the concept?

There are conflicting authorities in the Federal Court and the Federal Circuit Court of Australia about the degree to which…

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Consent arbitration of general protections’ claim

In a very, very rare (read almost extinct) general protections’ consent arbitration, a member of the Fair Work Commission has…

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What is adverse action in fair work law?

It is unlawful under the Fair Work ct 2009 for a person to take adverse action against an employee for…

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With respect, I do not agree with the judge

A judge of the Federal Circuit Court has determined that a failure by an employer to renew employment following the expiration…

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How to establish the reason for unlawful adverse action

The question how an employer might go about discharging the reverse onus of proof in general protections’ cases to rebut…

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Another adverse action case given the boot

The Federal Circuit Court had dismissed a claim of a general protections breach by way of alleged unlawful adverse action…

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Adverse action for exercising a workplace right

“An allegation of adverse action requires consideration of the “conduct” alleged to constitute the adverse action by the employer against…

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Massive compensation for adverse action

The Federal Court of Australia has awarded a worker $1.3 M in compensation plus interest (and ordered the employer to…

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An example of a simple adverse action case

In McGowan v Direct Mail And Marketing Pty Ltd [2016] FCCA 2227 (30 August 2016) per McNab J a former…

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