Posts: General Protections

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General Protections

The onus and presumption in adverse action matters

It’s on you

Under the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), it is unlawful for a person to take adverse action against another person for a proscribed reason. One of the features of the general protections provisions under the FW Act is the presumption that adverse action was taken for a proscribed reason unless it is proven that the adverse action was not taken for that reason.

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Workplace Relations Review

Cases and Legislation September 2020

The Queensland Government recently passed legislation amending the Criminal Code Act 1899 (the Code) to criminalise wage theft by employers in Queensland.‍The Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020 (the Bill) was introduced to the Queensland Parliament in response to a Report released in 2018 by the Queensland Parliamentary Education, Employment and Small Business Committee following an inquiry into wage theft in Queensland. The Report identified critical issues in wage theft as well as deliberate action taken by employers to frustrate employees’ attempts to recover entitlements.

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A-League club facing adverse action claim in Court

A-League club facing adverse action claim in Court

It is sometimes forgotten that sporting clubs and organisations are employers who are also subject to workplace laws and regulations in relation to their employees.

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Adverse action claim initiated against professional football club

Adverse action claim initiated against professional football club

The Chief Operating Officer of Macarthur and South West United FC has launched legal proceedings against the Club, the Club Chair and another director alleging breaches of the general protections provisions under the Fair Work Act 2009 (Cth).

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Common misconceptions about dismissing an employee in their probation period

Free free, set them free!

An employer was ordered to pay $10,000 in compensation to a former supervisor who had been dismissed five months into her probation period.

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Can a computer be the decision-maker in an adverse action decision?

I’m sorry, Dave. I’m afraid I can’t do that

As the functionality of HRIS increases and technology generally gets smarter, will an employer’s reliance on the recommendations or decisions of a HRIS put the employer at risk?

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Why the term ‘hush money’ is misleading

Hush Hush, Hush!

Settlement agreements, terms of settlement, deeds of release or release and undertakings are all terms which are used interchangeably to refer to the binding and confidential agreements.

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FWC to rehear extension of time application following Full Bench finding that partially unexplained delay not fatal to employee’s case

Extension tension

When responding to an unfair dismissal claim or an adverse action claim involving dismissal, there are a range of jurisdictional objections available to employers depending on the circumstances.

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Double dipping and applications “in relation to” dismissals

No soup for you!

Jurisdictional objections can sometimes come as an afterthought when employers are faced with defending a claim in the Fair Work Commission (FWC). It’s very easy to get caught up in who-said-what-and-when and forget that if a valid jurisdictional objection is available, you might not have to defend a claim at all. In a recent decision of the FWC, an employer successfully argued that it did not have to respond to an employee’s general protections application because it was jurisdictionally barred.

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The causal link between adverse action and workplace rights

“Because I said so …”

The general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) aim to protect employees from adverse action (including dismissal) because of a proscribed reason. Proscribed reasons include the existence of a workplace right and the exercise (or failure to exercise) a workplace right.

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Can a computer be the decision-maker in an adverse action decision?

I’m sorry, Dave. I’m afraid I can’t do that.

As reported this month in HRM Magazine, Futurist Chris Riddell predicts that artificial intelligence will play a key role in business leadership in the next five years. Riddell says, “Artificial Intelligence will start to make decisions and will ‘co-pilot’ the running of business.” But, as the functionality of HRIS increases and technology generally gets smarter, will an employer’s reliance on the recommendations or decisions of a HRIS put the employer at risk?

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