The Fair Work Act and the general protections

The following passages are taken from a very recent Federal Court case which dealt with a classic dispute between an…

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General protections cases; which Federal Court?

General protections proceedings which arise from an employment context (whether or not they involve a dismissal) are first commenced in…

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Adverse action issues for employers

The taking of unlawful adverse action against another party under the general protections of the Fair Work Act depends essentially…

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Adverse action and the general protections

One of the general protections in the Fair Work Act provides that an employer must not take adverse action against…

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Workplace rights and employer policies

A lawyer has lost a general protections case brought against a law firm in the Federal Court alleging that he…

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General protections’ cases; the causative link to be made out

One of the most frequent reasons that an applicant fails in a general protections case is that he or she…

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General protections; what is adverse action?

The following extract from a recent decision of the Federal Circuit Court of Australia contains a useful analysis of what…

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Workplace investigation and disciplinary action are adverse action

Ordinarily, the commencement of a disciplinary investigation by an employer about an employee will constitute the taking of adverse action…

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Adverse action and workplace rights

Here is a very interesting extract from a recent decision of the Federal Circuit Court about the ambit of the…

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Adverse action; what is the before and after test?

When determining whether a person has been a victim of adverse action under the general protections, the Australian courts adopt…

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