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Australia
Board of Bendigo Regional Institute of Technical and Further Education v Barclay
(2012) 248 CLR 500
Key Principle
The HCA held that the test for adverse action under s.346 of the Fair Work Act is objective: the question is whether the prohibited reason was a substantial and operative reason for the action, not whether the decision-maker was conscious of being motivated by the prohibited reason.
Area of Law
employment
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