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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Redundancy; the classic definition

Here is the classic definition of the concept of redundancy, from an extract from a recent Federal Circuit Court decision….

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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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Implied terms and conditions in employment contracts

An enormous amount of litigation in Australian courts includes cases in which a party to a contract seeks to rely…

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Fair work cases; employee or contractor?

In the following extract from a decision of the Fair Work Commission, Deputy President Beaumont, who is based in Perth,…

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Adverse action; the classic definition

The following extract from a recent Federal Circuit Court decision is a classic summary of what constitutes adverse action for…

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Recovering employment entitlements; Federal Circuit Court

In a very surprising decision, a judge of the Federal Circuit Court has held that the Court does have jurisdiction…

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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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Accrued sick leave and change of employer in sale of business

Do accrued sick leave liabilities pass to the new employer in sale of business? The National Employment Standards under the…

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