Posted on May 18, 2022 at 15:30 0 Comments 0 Likes
A recent decision of the Federal Circuit and Family Court of Australia (the Court) has reaffirmed the standard of proof that is required to disprove allegations of unlawful adverse action under the Fair Work Act 2009 (Cth) (FW Act).
Section 361 of the FW Act states, where an allegation of unlawful adverse action is made, it will be presumed that the action was, or is being, taken for the unlawful reason, unless the person proves…
ContinuePosted on May 18, 2022 at 15:30 0 Comments 0 Likes
In a recent decision, the Fair Work Commission (FWC) has applied the test recently confirmed by the High Court of Australia in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (the High Court Decisions), in distinguishing between employees and contractors.
The High Court Decisions confirmed that the distinction must be made by reference to the rights and obligations of the…
ContinuePosted on May 18, 2022 at 15:30 0 Comments 0 Likes
The question of whether a demotion will constitute a dismissal under the Fair Work Act 2009 (Cth) (FW Act) was considered by the Full Bench of the Fair Work Commission (Full Bench) NSW Trains v James [2022] FWCFB 55.
The matter was referred to a Full Bench on appeal from the first instance decision of Deputy President Saunders in James v NSW Trains [2021] FWC 4733 (First Instance Decision) who found that the…
ContinuePosted on May 11, 2022 at 8:30 0 Comments 0 Likes
The stop-bullying provisions of the Fair Work Act 2009 (Cth) (FW Act) provide a mechanism for the Fair Work Commission (FWC) to impose orders upon employers (as well as individual employees) which are aimed at stopping bullying behaviour in the workplace.
In applications for orders to stop bullying, the conduct of an employer will not constitute bullying under section 789D of the FW Act if it can be shown that the particular conduct was…
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Shane - interesting article. Funny but a request for a date might see you on your date - as in on your arse. What constitutes 'a one strike'?
Is it: -- 'Like to join me for a coffee?' 'Look I've got 2 tickets for a movie - I can't use them - can you?' ' Can I join you at your table for dinner tonight after the conference?' 'We are on the same flight - like to sit together?' ' I'm wondering if you might like to review my conference paper I'm presenting tomorrow - I'd appreciate you reviewing it. We can meet in the bar and I'll do drinks' ' I'm flying back business class - i'll see if I can upgrade you" ' Want to join me for a jog in the morning before the training?' ' I'll let you into a little secret - I've been offered the job (CEO). I think that you have great potential and would like to chat about your future -will need to do it off-site'
' I know that your recent divorce has caused you great anguish. If you need to talk call me anytime - here is my private number' ' A few of us are playing the pokies after work - want to come?'
Any of these can be male to female. female to male, male to male, female to female, boss to subordinate, subordinate to boss, gay to gay, hetro to hetro, transgender to transgender, old to young, young to old, et al
Fair dinkum - it's a bloody mine field those policies and will doubtless create great grief!
UNENFORCEABLE!
best - wayne
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