WCRA / Fair Work Act: adverse action & workplace right

CFMEU v Leighton Contractors Pty Ltd [2012] FMCA 487

A claim for “adverse action” under the Fair Work Act 2009 (Cth), s.12, s.340(1), s.361 was brought  against the employer as a consequence of disciplinary action and fraud investigations during the employee’s WorkCover claim.

Whilst the adverse action was dismissed a detailed analysis was undertaken with a finding that the Workers’ Compensation and Rehabilitation Act 2003 (Qld), is a “workplace right” and as such satisfies one of the threshold requirements to make such a claim.

Brisbane Barrister – David Cormack

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