CFMEU v Hail Creek Coal Pty Ltd [2016] FCA 1032
A recent adverse action case has demonstrated how day to day
employment decisions can be a high stakes contest.
Justice John Reeves of the Federal Court has found that a
central Queensland mine took unlawful adverse action against a
drill rig operator (Mr Haylett) in standing him down just four days
after he was awarded damages for a back injury in November
2013.
In one of the largest adverse action payouts seen to date, the
employer was ordered to pay Mr Haylett $1,272,109 for past and
future loss of wages, plus $24,626 in interest. The employer was
also ordered to pay a penalty of $50,000 to the CFMEU.
BACKGROUND
Mr Haylett sustained a back injury in mid-2009 and took time off
work. Upon returning to work he was unable to complete his normal
duties and was trained as a drill operator.
