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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Recording meetings in the workplace

I continue to loudly disagree with and to heckle Fair Work Commission decisions to the effect that there is some…

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Unfair dismissal and redundancy; onus of proof

When an employer raises the jurisdictional defence to an unfair dismissal case of genuine redundancy, it bears the legal and…

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Unfair dismissal, breaches of policies and misconduct

“Wilful or deliberate behaviour amounting to serious misconduct is conduct which strikes at the heart of the employment relationship. In North…

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Casual employees; has there been a dismissal?

It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…

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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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Fair Work Act; associated entities

The complex task of determining whether corporations are associated entities for the purposes of the Fair Work Act is on…

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