Subpoenas in the fair work system

Evidence in documents is generally regarded as prime evidence in court proceedings, and so it is in workplace relations cases…

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General protections cases; their purpose

Although the extract from the following general protections case is a little dated now, it continues to be one of…

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General protections’ reverse onus of proof

What follows is a summary of the reverse onus of proof provisions of the Fair Work Act which a respondent…

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General protections; inaction is not adverse action

It is a myth that a failure by an employer to take positive action to advance an employee’s expectations, can,…

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Adverse action again explained by court

Here is an extract from a very recent decision of the Federal Circuit Court which contains a classic summary of…

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General protections cases; adverse action

What follows are extracts from a Federal Circuit Court case in which an employee succeeded in her general protections’ adverse…

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General protections’ claims in the Federal Circuit Court

If a general protections’ case involving an alleged dismissal does not settle at the conciliation conference which will conducted by…

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Adverse action; no action is not adverse action

“‘In any event, inaction does not amount to adverse action for the purposes of the FW Act. The Full Court of…

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What is adverse action?

It is now well known to the broader Australian community that the general protections under the Fair Work Act prohibit…

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What is a workplace right?

It is reasonable well known that it is an unlawful for a person (which includes a national system employer) to…

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