Discrimination in workplace law; the very fine line

  “Counsel for the applicant submits the following: “…the applicant sitting near the front of the sales meeting on 11…

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Fair work tests; employee or contractor?

  Here is an excellent extract from a decision of the Federal Circuit Court in a general protections claim which…

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Gardening leave and the general protections

It is quite common for employees to be sent off on gardening leave, by which idiom is meant that an…

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Injunctions in dismissal cases

The following extract from a decision of the Federal Circuit Court makes clear the principles the court (and the Federal…

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Unfair dismissal versus unlawful dismissal

The distinction between the legal elements of a general protections claim involving an allegation of adverse action for a prohibited…

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Unfair and unlawful dismissal time limits

The issue of the date and time an employment relationship terminates is an issue which comes before the Fair Work…

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General protections; exercising a workplace right

What is the exercise of a workplace right for the purposes of the general protections? “The ambit of what amounts…

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General protections cases; knowledge and the rebuttable presumption

One of the most important forensic elements of the body of case law which now exists about the Fair Work…

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Settlement agreements in the fair work system; what is covered?

When an unfair dismissal case is settled, often but not only at a conciliation conference, it is customary for 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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