Sayed v Construction, Forestry, Mining and Energy Union
Citation: [2015] FCA 27
At a glance
- Employees affected
- 1
What happened
Muhammed Ali Sayed applied for a position as a trainee organiser with the CFMEU in Queensland as part of a proposed alliance with the Australian Workers Union. He was offered a six-month fixed-term contract starting April 2013. Sayed was a former member of the Socialist Alliance political party. He worked for just over three months, performing organising and training duties. His employment was terminated.
What was decided
The Court found that the respondent union contravened s 351 of the Fair Work Act by taking adverse action against Sayed for a prohibited reason, namely his political opinion. The Court awarded Sayed $3,000 compensation for distress and humiliation, and directed that further compensation for loss of income be determined following submissions from the parties regarding penalties.
What it means for employers
Employers and unions must not take adverse action against employees because of their political opinions. Political affiliation or membership of political organisations cannot be a reason for redeployment, suspension or dismissal. Such conduct breaches the general protections provisions of the Fair Work Act and may lead to compensation orders and penalties.
What it means for employees
Employees have the right to hold and express political opinions without fear of adverse action at work. If dismissed or adversely treated because of political opinion, they can seek compensation for lost wages and for emotional harm caused by the employer's unlawful conduct.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2015/2015fca0027Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →