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ADVERSE ACTIONS - Broader protections withstand the test |
If you are an employee and union member facing disciplinary action because of your union activities, two recent decisions by the courts may come to your rescue. |
Under new workplace laws, it is unlawful for employees to be injured in relation to their employment, have their position altered to their prejudice, or be dismissed because they engaged in industrial activity. These protections have not been tested until recently. |
In the first case, a union delegate’s employer disciplined him for sending what it claimed was an inappropriate email to other employees. The delegate argued he had been participating in lawful industrial activity. |
The court held in favour of the employee, saying the disciplinary action was connected to the worker’s industrial activity – that is, informing other employees, also union members, of issues happening at work. Therefore, the law protected the employee when he was acting in his capacity as a union delegate. |
In the second case, an employee had made an inquiry and complaint about his pay. His employer suspended his (and other employees’) overseas postings and telephoned him and spoke to him in an intimidating fashion. |
The court accepted the worker had a right to make an inquiry or complaint in respect of his pay. It found the suspension of overseas postings and intimidating phone call were designed to prevent the employee from pursuing his pay claim, and constituted an injury to his employment. |
