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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Workplace right is more than a whim

The fact that an enterprise agreement may not expressly authorize an employer to direct an employee to carry out higher…

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Adverse action and the causal link with workplace rights

There has been a significant case in the Federal Circuit Court about adverse action for exercising a workplace right, and…

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Workplace bullying defined

Actionable workplace bullying at work is defined by the Fair Work Act 2009, and occurs when: • a person or…

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Unfair dismissal and the contract employee

The following is an extract from an unfair dismissal case and is a reasonably good explanation (as a starting point)…

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Workplace rights; One off blunder not grounds for dismissal

A one off error of judgment, or act of negligence or carelessness, is not enough to constitute a valid reason…

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Bang to rights; guilty my lord

It is often said that there is an absolute and unavoidable obligation upon an employer to afford an employee facing…

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The writing is on the wall; or is it?; workplace rights

RailPro Services Pty Ltd v Flavel (2015) FCA 504 delivered 22 May 2015 is an interesting Federal Court appeal about…

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One size does not fit all; employer rights when employee cannot perform tasks.

From the perspective on the unfair dismissal laws, Western Australian employers are not obliged to re-model the tasks associated with…

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Opening a can of worms; checking Facebook by a prospective employer

On Thursday I was asked by an employer whether it is lawful (in his words is it OK?) to take…

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