Compensation for breaches of the Fair Work Act

The Fair Work Act 2009  contains many provisions which if contravened allow the Federal Court or the Federal Circuit Court,…

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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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Calculating compensation for general protections breach Part 4; civil penalties paid to victim?

Compensation for general protections contraventions Part 4; civil penalties and when will they be ordered to be paid to the…

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Calculating compensation for general protections breach; Part 3

Compensation for general protections contraventions Part 3; how to calculate compensation for non-economic loss Non-economic loss “I first deal with…

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General protections; assessing compensation for contraventions Part 2

Compensation for general protections contraventions Part 2; how to calculate compensation for economic loss Economic loss “I am satisfied that,…

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General protections; how to calculate compensation Part 1

How to assess compensation for general protections’ contraventions Section s.545(2)(b) of the Act provides that the Court may make “an…

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Civil penalties for directors under the Fair Work Act

The Fair Work Act provides that: A person who is involved in a contravention of certain provisions (called ‘civil remedy…

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The complicated world of adverse action

The Federal Court has upheld an adverse action claim (and fined the company) for refusing to employ a former union…

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The game is up; adverse action compensation includes allowance for hurt and humiliation

The Fair Work Commission, in a very rare consent arbitration of a general protections claim (Masson-Forbes v Gaetjens Real Estate…

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How to calculate damages for breach of employment contract; a technical analysis

How are damages calculated for breach of an employment contract, specifically a failure by an employer to terminate the contract…

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