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Australia

Board of Bendigo Regional Institute of Technical and Further Education v Barclay

(2012) 248 CLR 500
JurisdictionAustralia
Year2012
Statusunclear

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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