First adverse action judgment case decided

Barclay v The Board of Bendigo Regional Institute of TAFE [2010] FCA 284

The general protection provisions of the Fair Work Act 2009 (Cth) have been the subject of much discussion and conjecture, particularly with respect to the broadening of rights of employees. In the absence of case law, the extent to which the provisions may have broadened employee rights has been unknown. Now, in the first decision under these provisions an employer’s investigation of alleged employee misconduct and subsequent requirement to show cause has been upheld and found not to be adverse action.

Read more of the article by Tim Longwill, Partner of McCullough Robertson Lawyers.

Reproduced with permission of McCullough Robertson in accordance with their legal notice and disclaimers.

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