Employment disputes as small claims in the Federal courts

Here is an extract from a recent decision of the Federal Circuit Court dealing with a dispute between an employee…

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Unfair dismissal time limits

Time limits under the Fair Work Act are very strict. For example there is a 21 day time limit applicable…

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Adverse action; why was it taken?

“Some general protections’ cases are very complex forensically. Others are not. Here is an extract from a recent decision of…

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What is an employment relationship? The Uber Eats case

The Fair Work Commission, in an important appeal, has held that an Uber Eats operator was not an employee, and…

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General protections; what is a workplace right?

Currently, there is a legal and judicial controversy as to what constitutes a workplace right for the purposes of the…

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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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Does an employee have a workplace right to refuse to work overtime?

“In theoretical terms, I accept that the entitlement to refuse to perform overtime work may amount to a workplace right. …

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General protections cases and the reverse onus of proof

The following extract from a recent decision of the Full Court of the Federal Circuit Court contains and excellent analysis…

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Striking out hopeless cases in the Fair Work Commission

The Fair Work Commission has the power to strike out manifestly hopeless cases without them proceeding to a hearing. What…

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Fines for breaches of the general protections

Fines (technically known in this area of the law as pecuniary penalties) for breaches of the general protections “By virtue…

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