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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Redundancy and other acceptable employment; the test

Here is a statement of the legal test which applies when determining acceptable alternative employment for redundancy law in Australia….

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Unfair dismissal; discretionary payments and the high income threshold

“In Jenny Craig Weight Loss Centres Pty Ltd v Margolina 5 the Full Bench stated: “It seems clear enough that the legislature intended…

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Associated entities, foreign companies and the Fair Work Act

The legal test which applies when determining whether companies are related entities is the same irrespective of whether both companies…

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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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Compensation for unfair dismissal and the statutory cap

Yesterday, I published a blog or post which was constituted by an entire decision of the Fair Work Commission on…

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Compensation for workplace breaches

This is an extract from a recent Federal Circuit Court of Australia case which sets out the legal principles which…

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Penalties for fair work breaches; the principles

This extract from a recent Federal Circuit Court of Australia case sets out the principles which Australian courts will apply…

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How to calculate compensation for unfair dismissal

Today I am publishing an entire decision of the Fair Work Commission on the issue of calculating compensation for unfair…

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Breach of employment contracts in the federal courts

It would come as a surprise I am sure to those who were responsible for the concept of federal courts…

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