King & Wood Mallesons

Asia-Pacific 100 position: 3

Like a Virgin: (alleged) adverse action for the second time

By Daisy Rowe

The Federal Circuit Court of Australia (FCC) has rejected two former Virgin Blue Airlines employees’ claims that they were selected for redundancy because they had exercised workplace rights under the Fair Work Act 2009 (Cth) (FW Act).

This decision acts as a reminder that for prohibited adverse action to have been taken under the general protections provisions in the FW Act, there needs to be a causal link between the adverse action taken and the alleged exercise of the workplace right. It also emphasises the importance in such proceedings of an employer’s evidence as to its motivation for taking the relevant action.

The decision also highlights the importance for employers of complying with applicable consultation obligations…

If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from King & Wood Mallesons

View more briefings from King & Wood Mallesons

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Level 61, Governor Phillip Tower
1 Farrer Place
Sydney
NSW 2000
Australia
http://www.kwm.com

Jurisdiction: PRC/Australia
No. of offices: 20
No. of qualified lawyers: 1,252