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Workplace rights and employer policies

Posted by Fair Work Legal Advice

· Monday, November 2nd, 2020

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

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

Posted by Fair Work Legal Advice

· Tuesday, June 2nd, 2020

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

General protections; what is adverse action?

Posted by Fair Work Legal Advice

· Monday, June 1st, 2020

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

Workplace investigation and disciplinary action are adverse action

Posted by Fair Work Legal Advice

· Thursday, April 16th, 2020

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

Adverse action and workplace rights

Posted by Fair Work Legal Advice

· Monday, April 13th, 2020

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

Adverse action; what is the before and after test?

Posted by Fair Work Legal Advice

· Tuesday, November 26th, 2019

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

General protections; the test for adverse action

Posted by Fair Work Legal Advice

· Monday, November 25th, 2019

When determining whether an employee or former employee was subject to adverse action for the purposes of the general protections…

General protections and adverse action

Posted by Fair Work Legal Advice

· Saturday, November 16th, 2019

Today, I am publishing a large extract from a Federal Circuit Court decision about adverse action in the workplace for…

Adverse action; the legal principles explained

Posted by Fair Work Legal Advice

· Monday, November 11th, 2019

In this extract from a Federal Circuit Court decision, the approach taken to an unlawful adverse action case is explained…

Discrimination and adverse action at work; general protections

Posted by Fair Work Legal Advice

· Thursday, November 7th, 2019

There is a fine distinction between adverse action and discrimination, and the inter relationship between the two statutory concepts is…

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