Issues of proof in general protections’ cases

There are a number of tricky evidence issues which arise in general protections cases. One is the reverse onus of…

Read More →

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…

Read More →

Adverse action in the labour hire context Part 2

Yesterday I posted a blog about the complex world of the general protections, particularly in the labour hire context. I…

Read More →

Independent contractors and the general protections

An independent contractor is covered by the general protections provisions of the Fair Work Act. What is an independent contractor?…

Read More →

The general protections; what is a “disability”?

Sec 351 of the Fair Work Act  prohibits the taking of adverse action against a person who is an employee,…

Read More →

Fair Work Act; the general protections and “protected attributes”

The Federal Circuit Court of Australia has dismissed a claim alleging unlawful adverse action for exercising a workplace right brought…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →