King & Wood Mallesons

Asia-Pacific 100 position: 2

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…

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