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ARTICLE · 31 AUGUST 2010

Workplace Relations Update

Adverse action claims are the flavour of the month. More and more employees are bringing them, or threatening to bring them.

AustraliaEmployment and HR

Contents

  • The Rise And Rise Of Adverse Action Claims
  • Increase To High Income Threshold
  • 'Serious And Flagrant' Bargaining Breach Results In Hefty Fine For Employer

The Rise And Rise Of Adverse Action Claims

Adverse action claims are the flavour of the month. More and more employees are bringing them, or threatening to bring them.

With their increasing popularity comes a slowly growing bank of authorities that are, helpfully, shedding some light on how to interpret and apply the adverse action provisions contained in the Fair Work Act 2009 (Cth) (Act). The recent decision in LHMU v Arnotts Biscuits Limited is one such authority.

The ingredients in the employee's claim

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