The High Court of Australia today delivered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014).

The High Court held that the dismissal of an employee by BHP Coal Pty Ltd was not contrary to s346(b) of the Fair Work Act 2009 (Cth) because the dismissal related to the worker’s conduct rather than his participation in industrial activity.

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