ARTICLE · 10 FEBRUARY 2011

Don't meddle with staff who engage in union activity at work

DLA Piper Australia

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The Full Court yesterday handed down a decision that hardens the test that employers must meet to defend claims that they have acted 'adversely' against staff who are performing activities as union officials.

AustraliaEmployment and HR

The Full Court yesterday handed down a decision that hardens the test that employers must meet to defend claims that they have acted 'adversely' against staff who are performing activities as union officials.

Facts

The President of the sub-branch of the Bendigo Regional Institute of Technical and Further Education (BRIT), who was also a staff member, sent an email to members of the Australian Education Union (AEU) employed by BRIT. In it he claimed that the activities of BRIT in preparing for reaccreditation, according to some members, had led to members being asked to produce false and fraudulent documents for the audit. He encouraged staff not to agree to be part of any fraudulent activity.

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