Where an employer's adverse action against an employee who exercised workplace rights and held union office is shown by credible decision-maker evidence to have been motivated by the employee's persistent failure to comply with codes of conduct and reasonable management directions — rather than by the character of the conduct as protected activity — the employer discharges the s 361 presumption under the Fair Work Act 2009 (Cth), even though the show cause letter referred to conduct occurring in the context of protected rights.
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