Fair work general protections; the legal test

The general protections of the Fair Work Act render conduct unlawful when undertaken for a prohibited reason. Establishing the reason…

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Is an investigation adverse action?

The general protections of the Fair Work Act render it unlawful for an employer to take adverse action against an…

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Coercion in the workplace

Section 343 of the Fair Work Act, which is part of what are called the general protections, renders coercion against…

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General protections’ injunctions

Both the Federal Court of Australia and the Federal Circuit Court of Australia have the jurisdictional power to order injunctions…

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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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