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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Adverse action and the general protections

One of the general protections in the Fair Work Act provides that an employer must not take adverse action against…

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General protections; memo to the Federal Court; please clarify

As I have said at various times in my posts, there is a judicial controversy in Australia about the formality…

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Workplace rights; what are they?

Here is a useful analysis of what constitutes a workplace right drawn from  a recent Federal Court case. “By s…

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Workplace rights defined for general protections

For some time now, there has been a judicial controversy in the Federal Court of Australia about the level of…

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General protections and workplace rights

It has become popular for former employees to initiate general protections’ claims based upon the statutory case of action in…

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Workplace rights and employer policies

A lawyer has lost a general protections case brought against a law firm in the Federal Court alleging that he…

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Workplace rights to comfort breaks at work

In a recent decision of the Federal Court of Australia it has been judicially held that Australian employees have a…

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General protections; refusing to work overtime may be workplace right

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

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Workplace right defined by general protections

Under the Fair Work Act, the most common general protections’ claim pursued involves an allegation that an employee suffered adverse…

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