Employees are prohibited from taking multiple actions 'in relation to' their dismissal.
Recent case law suggests that the circumstances in which there may be a sufficient relationship between the two sets of proceedings to stop the second in time from proceeding, may be broader than previously thought.
In an important decision, the Federal Court has held that the Independent Contractors Act 2006 (Cth) (Act) does not permit a Court to make an order varying an unfair contract with effect from a date prior to the making of the order: Informax International Pty Ltd v Clarius Group Limited (No 2) [2011] FCA 934.
The Federal Court has recently overturned a decision of Fair Work Australia (FWA) which, among other things, allowed an employee to pursue an unfair dismissal application despite agreeing with his former employer to settle the dispute in an out-of-court settlement: Australian Postal Corporation v Gorman [2011] FCA 975.
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