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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Interim reinstatement orders

Under sec 545 of the Fair Work Act each of the Federal Court and the Federal Circuit Court is empowered…

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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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