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Australia adverse actiongeneral protectionsstatutory interpretation

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

(2012) 248 CLR 500
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

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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