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:

  1. commencing an investigation into an employee's conduct;
  2. suspending an employee from employment on full pay; and
  3. giving an employee a written warning.


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