Onus of proof issues in general protections cases

The following passage from a recent general protections case determined by the Federal Court is a practical and helpful guide…

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Adverse action in workplace law

Here is an excellent analysis of the legal principles which apply to the cause of action known as adverse action…

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General protections cases and rules of evidence

In general protections’ cases, the outcome  will often depend upon whether the respondent (normally an employer) is able to discharge…

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Fair work cases; employee or contractor?

Australian law has developed a number of legal tests which are of assistance to the courts and tribunals when determining…

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Unfair dismissal and evidence principles

What is the relevance in an unfair dismissal case of facts which are only discovered after the dismissal? Here is…

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Unfair dismissal and labour hire arrangements

A decision by a host employer to remove a labour hire employee’s right to be on its site or in…

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General protections; workplace right

What is a complaint for the purposes of the general protections? There is an element of formality required. “That acknowledged,…

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General protections; what is a complaint?

What is a complaint for the purposes of the general protections? Here is an answer. “Respectfully, all of those contentions…

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General protections case principles; state of mind

Most general protections cases which proceed to trial will inevitably  require the court to make decisions about what motivated an…

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General protections and workplace rights

The Fair Work Act provides inter alia that a person who is an employee has a workplace right if the…

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