Board of Bendigo Regional Institute of Technical and Further Education v Barclay information
Judgement of the High Court of Australia
Board of Bendigo TAFE v Barclay
Court
High Court of Australia
Decided
7 Sep 2012
Citation(s)
[2012] HCA 32 86 ALJR 1044 248 CLR 500
Court membership
Judge(s) sitting
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Case opinions
Appeal allowed Dr Harvey's testimony established that adverse action wasn't taken for a prohibited reason French CJ & Kiefel J Gummow J & Hayne J Heydon J
Board of Bendigo TAFE v Barclay is an Australian labour law case, decided by the High Court of Australia on the Fair Work Act's section 346 protections against adverse action for participation in industrial activities. It concerned the dismissal of an employee of Bendigo TAFE. The employee was a member of the Australian Education Union (AEU) and was suspended after having sent an email from his work computer to all AEU members employed at Bendigo TAFE. Management then suspended him for not having notified them of serious instances of fraud discussed within that email.
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