Adverse action and the reverse onus of proof

The following is a judgment of the Federal Court of Australia upholding an appeal brought against the dismissal of an…

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General protections cases; an example

The following is an extract from a recent judgement of the Federal Court of Australia in a classic general protections…

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Evidence and proof in adverse action cases

  Here is an extract from a recent decision of the Full Federal Court which contains a good legal summary…

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Evidence issues in general protections’ cases

Here is an extract from a recent decision of the Full Federal Court which contains very useful observations about how…

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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…

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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…

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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…

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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…

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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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