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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Workplace rights; safety net contractual entitlements

The issue of what constitutes a workplace right continues to hang arounds like a bad smell in current Australian workplace…

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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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Prima facie case in general protections explained

Under the Fair Work At, there is a reverse onus of proof in general protections’ cases and there has been…

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Unfair vs unlawful dismissal; judge explains

A judge explains the difference between unlawful and unfair dismissal “The claim is a General Protections claim under Part 3-1…

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Coercion and the rebuttable presumption of proof

Coercion and the rebuttable presumption of proof under the Fair Work Act. There are a number of provisions in the…

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The shifting sands of proof in general protections

Under the general protections provisions of the Fair Work Act, there is a reverse onus of proof; that is to…

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General protections’ double dipping in the Fair Work Commission

The Fair Work Commission is required to process a general protections claim, including claim of adverse action for exercising a…

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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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