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Appeal clarifies when employers' actions breach whistleblower victimisation laws

A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.

The case is significant because it's the first appellate decision dealing with whistleblower protections under the Corporations Act, according to Herbert Smith Freehills Kramer partner Olga Klimczak and solicitor Morgan Wade.

It involves the former head of recycling for Neometals Ltd, which provides sustainable processing solutions in the mining industry.

In late 2024, the employee claimed the employer had decided to make his role redundant, and then to dismiss him, because he'd raised concerns that constituted whistleblower disclosures...

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