HCA: employer’s right to terminate for breaching code of conduct

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014)

I refer you to the summary judgment. The CFMEU claimed BHP contravened section 346(b) of the Fair Work Act, which prohibits terminating an employee because the employee participated in industrial activity. Mr Doevendans, a union delegate, was terminated from his employment for holding up and waving a sign at passing motorists, which read: “No principles SCABS No guts”. The High Court held his termination was not because of his union activity, but because he breached the employer’s code of conduct.

David Cormack – Brisbane Barrister & Mediator

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