Adverse action in workplace law

Here is an excellent analysis of the legal principles which apply to the cause of action known as adverse action…

Read More →

General protections case principles; state of mind

Most general protections cases which proceed to trial will inevitably  require the court to make decisions about what motivated an…

Read More →

General protections and workplace rights

The Fair Work Act provides inter alia that a person who is an employee has a workplace right if the…

Read More →

Adverse action and the general protections

In this passage from a recent Federal Court general protections’ case decision, the basic structure of the cause of action…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →

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…

Read More →