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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General protections; the test for adverse action

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

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General protections and adverse action

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

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Adverse action; the legal principles explained

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

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Discrimination and adverse action at work; general protections

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

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General protections; allegations of adverse action and discrimination

Here is an extract from a classic case in which a breach of the general protections was alleged to have…

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General protections’ reverse onus of proof

What follows is a summary of the reverse onus of proof provisions of the Fair Work Act which a respondent…

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General protections; inaction is not adverse action

It is a myth that a failure by an employer to take positive action to advance an employee’s expectations, can,…

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