Written by Workforce chief journalist Paul Karp. The Federal Circuit Court has imposed $32k in penalties on Baulderstone and two of its senior HR managers for committing unlawful adverse action by forcing a worker who quit the Construction Forestry Mining Energy Union (CFMEU) off salary and onto an enterprise agreement. Ordering each of the HR ...more
Exclusive by Workforce editor David Marin-Guzman. First published May 22, 2015. The two whistleblowers at the centre of allegations the Construction Forestry Mining Energy Union (CFMEU) NSW branch has had links with organised crime have filed adverse action claims against the union claiming it sacked them because of their “political opinions”. The union is understood ...more
In The Board of Bendigo Regional Institute of Technical and Further Education v Barclay & Anor, the prime allegations in the dispute involved potential breaches of the ‘industrial activities’ protections in ss 346 and 347 of the Fair Work Act 2009 (Cth).
If it was found that The Bendigo Regional Institute of TAFE acted against Mr Barclay ‘because’ he was ‘an officer of an industrial association’ or that he ‘engaged in lawful industrial activity’ then this would be prohibited under the Act as it would be ‘adverse action’.
The Federal Court has ruled that a union member holding a sign attacking co-workers for being “scabs” during the Bowen Basin mine strikes was exercising a protected right and his dismissal for such conduct breached the Fair Work Act. The court found holding such a sign could not be considered adverse action because it did ...more
Workplace relations expert Professor Andrew Stewart says he was not surprised by a Federal Court decision which ruled people covered only by common law contracts are unable to lodge adverse action claims. “It was a very creative interpretation that the applicant advanced and if accepted it would have had profound implications for employment litigation,” Stewart told Workforce Daily.
Professor Joellen Riley from the University of Sydney will discuss Stephens v Australia Post implications and other important adverse action cases at the 10th Workforce conference in Sydney on September 5.