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General Protections
Flick J Facts The Applicant (Mr Robinson) began working for the Respondent (Western Union Business Solutions) on 11th February 2013. Mr Robinson took sick leave for a period of 7 months starting from September 2016 based on his claimed mental disability. 5 medical certificates supporting Mr Robinson’s condition and subsequent inability to work were issued...
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Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 1032 The quantum decision of Reeves J in the adverse action claim following Mr Haylett’s unlawful termination raised several issues with respect to lost future earnings which were part of the decision of Judge Baulch in Mr Haylett’s personal injuries claim...
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  Hannaford v Barrett & Anor [2016] FCCA 106 The applicant made an adverse action claim alleging her dismissal was in contravention of the general protection provisions of the Fair Work Act 2009. As required the matter commenced in the Fair Work Commission (FWC) and proceeded to a conciliation conference, following which a certificate was...
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Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45 (2 December 2015) I refer you to the judgment summary. The plurality of the High Court allowed the appeal of the Fair Work Ombudsman and set aside the narrow interpretation of s 357(1) of the Fair Work Act 2009 (Cth) by the Full Court of the Federal...
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Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157 The appellant, Mr Byrne was the Lodge President of the CFMEU at the Dawson Mine at Moura in central Queensland and employed on the mine. In that capacity the Mr Byrne had been involved with negotiating with the respondent...
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Tattsbet Limited v Morrow [2015] FCAFC 62 Jessup P with whom Allsop CJ and White J agreed: [6]   The respondent to this appeal from the Federal Circuit Court, Sharyn Morrow, for many years operated a shopfront betting agency for the appellant, Tattsbet Limited, at Logan Central. On 10 November 2011, the appellant summarily terminated that...
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State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184   Before: Tracey, Buchanan & White JJ Decision: Appeal allowed Catchwords:           Brief Overview: INDUSTRIAL LAW – appeal from Federal Circuit Court – whether trial judge erred in finding employee’s mental disability was the reason for the termination of his...
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Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014) I refer you to the summary judgment. The CFMEU claimed BHP contravened section 346(b) of the Fair Work Act, which prohibits terminating an employee because the employee participated in industrial activity. Mr Doevendans, a union delegate, was terminated from his...
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