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Federal Court

CWU Members Re-instated 3 and a Half Years After Dismissal

On 23 July 2014, the Full Federal Court of Australia handed down its decision to reject Australia Posts appeal against the reinstatement of three Dandenong Letter Facility members who had been dismissed for sending inappropriate emails.

The result means that after a 3½ year fight:

  • Two members will be re-instated with back pay (discounted).
  • The third member is yet to have his remedy determined. He has won damages at the first hearing but seeks re-instatement.

The CWU represented the members because many of the emails they had sent had originated from managers, who had not been disciplined for the exact same conduct. The matter was before Fair Work Commission initially, then a full Bench of the FWC on appeal, and then again before a Full Bench of the Federal Court.

This is a big win. It cost considerable monies. And it demonstrates our commitment to members to ensure a just outcome.

CWU advises members that the sending of inappropriate emails can result in your dismissal.   This case was quite unique because of the widespread involvement of managers.   Post affectively condoned the practice.  The decision was that in all the circumstances the dismissals were harsh.

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