Posts: Federal Circuit and Family Court of Australia

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Federal Circuit and Family Court of Australia

Court finds that adverse action was taken against employee due to his silica disease diagnosis

Stone cold

The Fair Work Act 2009 (Cth) prohibits employers from dismissing an employee from their employment because they have exercised a workplace right or because of a discriminatory reason, such as physical or mental disability.

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Court finds HR manager accessorily liable for adverse action claim

Supreme failure

The Fair Work Act 2009 (Cth) contains provisions which make it possible for individuals to be found accessorily liable for their involvement in a contravention of a workplace law. In particular, section 550 of the FW Act provides that a person “involved in” a contravention will be taken to have contravened that provision themselves.

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Court confirms small claim proceedings extends to matters involving accessorial liability

The deregistered accessory

Under the Fair Work Act 2009 (Cth), the Federal Circuit and Family Court of Australia (Division 2) is able to determine certain underpayment disputes as “small claims proceedings”.

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Assessing the “reasonableness” of additional hours

A bone to pick

Under the Fair Work Act 2009 (Cth), employers are prohibited from requesting or requiring full-time employees to work more than 38 hours per week, unless those additional hours are reasonable.

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Employee dismissed for refusing a medical assessment, not for complaining about it

Under examination

Medical examinations are often used by employers to assess the fitness and capacity of employees, particularly when the employee is returning to work after a non-work-related injury. Issues may arise when employees refuse to attend medical examinations.

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Employer fails to disprove adverse action claim

Step back

A recent decision of the Federal Circuit and Family Court of Australia has reaffirmed the standard of proof that is required to disprove allegations of unlawful adverse action under the Fair Work Act 2009 (Cth).

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