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ARTICLE · 19 AUGUST 2012

Beware - Adverse action may result in reinstatement

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Employers should exercise extreme caution to ensure that any disciplinary actions are not linked to unlawful reasons.

AustraliaEmployment and HR
Swaab Author
Swaab Author
Nathan Huynh
Nathan Huynh
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IN BRIEF

The last thing any employer wants is to be forced into reinstating an employee after a messy general protections dispute. Until recently, most general protections claims have resulted in either the dismissal of an employee or an award of damages and compensation. However the recent case of CFMEU v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 highlights the possibility of reinstating employees subjected to adverse action.

Darren Lamberth ('the Second Applicant'), who was a member of the CFMEU ('the First Applicant'), was employed by Pilbara ('the Respondent') under a fixed term contract of 12 months, but unlike most others in his position, was not offered permanent employment.

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