Where to after Barclay's case?
The High Court has now given judgment in the first adverse
action case to travel all the way up the appeal hierarchy.... and
has reinstated the decision of the trial judge.
Background to the case
In this particular case, Bendigo TAFE had suspended Mr Barclay
(a union representative) because of some inflammatory comments he
made about the TAFE allegedly fostering the preparation of false
documents in the lead up to a quality audit. Mr Barclay filed a
claim against the TAFE stating that it had taken adverse action
against him because of his status as a union representative.
The trial judge in the Federal Court found that the TAFE had not
taken action because of Mr Barclay's role as a union
representative, and accepted Bendigo TAFE's argument that it
had taken action because it perceived Mr Barclay had breached his
obligations as an employee.
