1 min read

Company fails to discharge the reverse onus of proof in general protections proceedings

The Case

Eckel v Ballarat Community Health Ltd (2022)

Ballarat Community Health Ltd (BCHL) employed Mr Eckel as an alcohol and other-drug treatment withdrawal nurse.

Mr Eckel made three workplace complaints and commenced non-dismissal general protection proceedings in the Fair Work Commission (FWC).

Mr Eckel alleged BCHL created a new role in the organisation that was refused to him because of his prior workplace complaints and earlier general protections claim. Mr Eckel’s employment concluded when his fixed-term contract expired.

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