The general protections’ rebuttable presumption of proof

The general protections of the Fair Work Act are a reasonably scary proposition for companies which are sued for breaching…

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Confidentiality and workplace investigations

Many employers, when conducting workplace investigations, will issue an instruction to employees that the matter under investigation, and the investigation,…

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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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Time limits and the Fair Work Commssion

“As appears from the following extract from a decision of the Fair Work Commission rejecting an application for permission to…

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Evidence issues in general protections cases

What follows is an excellent summary of the reverse onus of proof which applies in general protections cases, extracted from…

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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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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…

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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…

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Employee or volunteer in fair work law

Every now and then, a dispute arises between parties about whether the relationship between them is as entity and volunteer…

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Legal representation in unfair dismissal cases

The Fair Work Act essentially bans legal and other professional* representation in cases in the Fair Work Commission where an…

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