List member Jim McKenna has written an article first published in LexisNexis’ Australian Employment Law Bulletin (2013) 19(4) titled 'Adverse action and reasons for acting: National Tertiary Education Union v Royal Melbourne Institute of Technology'.
A recent Federal Court decision has again addressed the difficult issue of determining when adverse action will be taken “because of” a proscribed reason in a general protections claim under the Fair Work Act 2009 (Cth) (FW Act).
Jim practices generally in the areas of industrial/employment, administrative and commercial law.
His industrial/employment law practice involves regularly appearing and advising in disputes in Fair Work Australia and the Federal courts. His particular experience in the Federal jurisdiction includes unfair dismissal and general protections claims, discrimination, breach of award and workplace agreement proceedings.