General protections; the role of the federal courts

The role of the Federal Court of Australia and the Federal Circuit Court of Australia in workplace relations and fair…

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General protections interim orders

Both the Federal Court and the Federal Circuit Court of Australia have the power to make interim or interlocutory orders…

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Unlawful dismissal; the general protections

The general protections which were born out of Julia Gillard’s Fair Work Act 2009, introduced the statutory concept of unlawful…

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Compensation for breach of enterprise agreement

In a recent decision of the Federal Circuit Court,  the Court held that a University had contravened an enterprise agreement,…

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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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Damages for general protections’ breach

What follows is an extract from a recent decision of the Federal Circuit Court of Australia which deals with a…

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General protections’ reverse onus of proof

“The statutory presumption The effect of s.361(1) is to establish a presumption of contravention which is capable of being overcome by a…

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Discrimination in the workplace; family or carer

“Subject to certain exceptions, s 351 of the Fair Work Act 2009 (Cth) prohibits an employer from taking adverse action against an employee or prospective employee…

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General protections; the rebuttable presumption

“The question of why an employer took adverse action against an employee or, for that matter against a prospective employee,…

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Settlement agreements in the Fair Work Commission

The following extract from a recent decision of the Fair Work Commission in an unfair dismissal case reveals the difficulties…

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