Harassment at work

In a recent case in the Federal Circuit Court, it was held that the employer had taken adverse action against the employee by exposing her to ridicule and harassment. The employer was found not to have taken that action against her for taking industrial reason (which is prohibited by the general protections provisions of the Fair Work Act), because the court was of the view that the employer was not motivated to take the adverse action because the employee wore clothing advertising her union. The court did observe that the wearing of union clothing could constitute the taking of industrial action in certain circumstances, but not here because the employer in fact condoned the action.
*United Firefighters Union of Australia v Easy [2013] FCA 763 (2 August 2013).