What is adverse action?

There has been some judicial controversy about what constitutes adverse action for the purposes of the general protections’ provisions of…

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General protections; wide meaning of workplace right

In the headnote to a recent Federal Circuit Court case, the case was described by the editor as being a…

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Unfair dismissal; the doctrine of repudiation explained

The common law doctrine of repudiation of contract is alive and well in the statutory fair work system. Where an…

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What is adverse action in workplace law?

The extent to which an employee must be disadvantaged by an employer’s actions to constitute adverse action for the purposes…

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Is an investigation adverse action?

The general protections of the Fair Work Act render it unlawful for an employer to take adverse action against an…

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Superb summary of adverse action in fair work law

The prohibition in the Fair Work Act of the taking of adverse action against another person for a proscribed reason,…

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What is adverse action for exercising a workplace right?

The cause of action technically known as a contravention of the general protections namely of the sec 340 of the…

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Rare award of general damages for general protections’ case

In a reasonably rare award of damages for non-economic loss by the Federal Circuit Court in a general protections’ case,…

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How to pass the BOOT test

As most practitioners are aware, an enterprise agreement cannot be registered by the Fair Work Commission unless the Commission is…

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The essential elements of a Fair Work adverse action case

The essential elements of a Fair Work adverse action case explained. Here is an extract of a recent Federal Court…

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