The High Court of Australia unanimously determined that the
first instance decision of Justice Tracey in the Federal Court of
Australia was the correct one, thereby overturning the decision of
the Full Bench of the Federal Court.
Mr Barclay was an Australia Educational Union (AEU)
representative in his workplace, Bendigo Regional Institute of
Technical and Further Education (Bendigo TAFE). Several AEU members
had expressed concerns about false and fraudulent documents being
prepared at the Bendigo TAFE. These members informed Mr Barclay
they did not wish any further action to be taken or their names
disclosed.
After a number of different such complaints made by employees to
Mr Barclay, he sent an email to AEU members at Bendigo Tafe
advising that some members had made such claims and that if an
employee was feeling pressured they could contact the AEU for
support and advice. This email came to the attention of Management
of Bendigo TAFE.
