INDUSTRIAL LAW - general protections - adverse action - workplace rights - whether employee had or exercised workplace rights - whether alleged workplace rights were workplace rights within the meaning of s 341(1)(c) of the Fair Work Act 2009 (Cth) (FW Act) - consideration of the meaning of "complaint" or "inquiry" an employee is "able to make" "in relation to" their employment - some alleged complaints and inquiries found to be the exercise of a workplace right within the meaning of s 341(1)(c) of the FW Act - whether employer took adverse action against employee - where employee was suspended from employment - suspension and related actions constituted adverse action within the meaning of s 342 of the FW Act - whether adverse action taken because of the exercise of workplace rights - reverse onus of proof under s 361(1) of the FW Act - evidence of decision makers as to reasons for taking adverse actions accepted - where satisfied none of the established adverse actions were taken because of the exercise of any of the established workplace rights - reverse onus discharged - general protections claims dismissed
INDUSTRIAL LAW - alleged contravention of FW Act for failing to provide employee records pursuant to reg 3.42 of the Fair Work Regulations 2009 (Cth) (FW Regulations) - where pleaded contravention of reg 3.42(1) for failing to provide employee records pursuant to the employee's requests - where employee records were provided - where employee instead advanced contravention of reg 3.42(3) concerned with time frame for providing employee records - where reg 3.42(1) and reg 3.42(3) are different civil penalty provisions - where employer contends employee should not be allowed to advance claim for contravention different to his pleaded case - where employee did not seek to amend pleadings - employee held to pleaded case - contravention not established
INDUSTRIAL LAW - alleged contravention of FW Act for failing to provide payslips pursuant to s 536(1) of the FW Act - where contravention admitted by the employer - penalties for contravention to be determined
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