His lawyers, Maurice Blackburn, filed a discrimination claim on Monday with the Fair Work Commission. It will focus on whether the views expressed by Mr McIntyre constituted political opinion and whether SBS terminated his employment for expressing these views. Section 351 of the Fair Work Act protects employees from adverse action by their employer (including sacking) if they express political opinion.
“It is alleged SBS took action without a proper investigation and consideration of all relevant issues. It will be contended that Mr McIntyre had an unblemished work record and if a proper process had been followed, he would still be employed in his chosen career.