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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General protections; the test for adverse action

When determining whether an employee or former employee was subject to adverse action for the purposes of the general protections…

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General protections and adverse action

Today, I am publishing a large extract from a Federal Circuit Court decision about adverse action in the workplace for…

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Adverse action; the legal principles explained

In this extract from a Federal Circuit Court decision, the approach taken to an unlawful adverse action case is explained…

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Discrimination and adverse action at work; general protections

There is a fine distinction between adverse action and discrimination, and the inter relationship between the two statutory concepts is…

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General protections and workplace bullying

The Fair Work Act contains what essentially amounts to  a statutory definition of constructive dismissal (see sub-sec 386(1)but the following…

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Unfair dismissal time limits; 29 minute delay “exceptional”

In the following extract from a decision of the Fair Work Commission, Commissioner Cambridge granted an extension of time in…

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