Criminal convictions and records and employmemt Part 1

  Pre-employment Although the Fair Work Act contains provisions (see sec 351) to the effect that discrimination against prospective employees…

Read More →

Who is protected by the general protections?

The Fair Work Commission has just published an on line  interactive general protections’ benchbook. Here is a summary of who…

Read More →

The onus and burden of proof in general protections’ cases

One of the most controversial aspects of the general protections, and certainly one of the most challenging to explain and…

Read More →

General protections’ cases; reverse onus of proof

The following passage from a recent decision of the Federal Circuit Court in a general protections claim explains the reverse…

Read More →

Coercion and fair work laws

Section 355 of the Fair Work Act provides as follows: A person must not organise or take, or threaten to organise or take, any…

Read More →

Workplace rights; what is a complaint or inquiry?

The most commonly accessed general protection under the Fair Work Act is the taking of adverse action against and employee…

Read More →

General protections’ proof issues

The vexed issue of what constitutes adverse action is on show in the following extract of a Federal Circuit Court…

Read More →

Reverse onus of proof in general protections’ cases

What follows is a wonderful summary of the law which applies to the legal issue of the reveres eons of…

Read More →

Compensation for unlawful dismissal

The title of this post is technically abstract because there is no cause of action known to Australian law called…

Read More →

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…

Read More →