With a reverse onus on employers under the Fair Work Act, it requires careful navigation in defending such a claim.

VCAT claims have their own unique considerations particularly in understanding the VCAT jurisdiction and understanding the distinct differences between Federal and State obligations. Luke performs his own advocacy in VCAT and has been successful in a defeating a discrimination claim brought by a Toll employee that made news headlines and still stands as valuable precedent today on the extent of an employer’s obligations on ‘reasonable adjustments’ at the workplace.

Luke’s practice is heavily taken up by work in this area, given its popularity.  Luke tends to get involved with clients early (or aims too), prior to a claim (and prior to any adverse action) occurring, to assist employers with proper process and best protect them should a claim come.