The recent Federal Court decision in AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525 demonstrates the careful balancing act an employer faces when disciplining an employee for misconduct where the employee has raised safety concerns.
The case also highlights how a wide range of actions by an employer to manage an employee could be considered 'adverse action' under the Fair Work Act 2009 (Cth), including:
- commencing an investigation into an employee's conduct;
- suspending an employee from employment on full pay; and
- giving an employee a written warning.
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