Fair Work Act general protections; discrimination

The general protections; discrimination The general protections of the Fair Work Act prohibit the taking of certain action by one…

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Costs in general protections matters

There is some judicial controversy about the capacity of the Federal Circuit Court or the Federal Court of Australia to…

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Costs orders in general protections’ cases

There is some judicial controversy about the capacity of the Federal Court of Australia or the Federal Circuit Court of…

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Dismissal for temporarary absence from work

Under sub- secs 352 and 772(1)(a) it is unlawful for an employer to dismiss an employee because he or she…

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The rebuttable presumption of proof in general protections’ cases

In general protections’ cases however, once an applicant establishes an arguable case, the burden of disproving it passes to the…

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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…

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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 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…

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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?…

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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,…

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