The Federal Circuit Court decision of Findley v MSS Security Pty Ltd handed down on 27 November 2017 involved a Security Officer who accused his employer of contravening his workplace rights by allegedly subjecting him to a misconduct investigation because he exercised a workplace right to be involved in proceedings to terminate an enterprise agreement, and because of his disability.
The case reiterates that the lawfulness of an employer’s investigation can be impacted by the motivations behind it.