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Workplace Relations Section Case Law Update: June 2019

Workplace Relations Section Case Law Update: June 2019

By Workplace Relations Section

Workplace Workplace Relations 

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The LIV's Workplace Relations Section monthly case law update provides members with a brief summary of relevant employment law and industrial relations decisions published in June 2019.

  • Cameron v Goldwind Australia Pty Ltd [2019] FCCA 1541
Ms Cameron brought an injunction application to restrain Goldwind from terminating her employment. The injunction was sought in aid of an asserted contravention, by Goldwind, of s 351(1) of the Fair Work Act. This section provides that an employer “must not take adverse action against a person who is an employee because of the person’s political opinion”. Ms Cameron claimed that Goldwind made a decision to terminate her employment because she held political opinions associated with Pauline Hanson’s One Nation Party. The application was dismissed. Read here.
 
  • Dutta v Telstra Corporation Limited [2019] FCAFC 103
The applicant, Mr Dutta, alleged that Telstra, having terminated his employment, contravened s 340 of the Fair Work Act, because the termination was an act of adverse action. Specifically, for exercising the workplace right to make complaints about one’s employment. The case was dismissed. Read here.
 
  • Lakhani v Westpac [2019] FWC 3505
This case concerns an application for unfair dismissal remedy: Fair Work Act s 394. The applicant, Mr Lakhani, was a Lending Area Manager for Westpac. The Commission found that the termination of Mr Lakhani’s employment was actually a genuine redundancy. Therefore, the Commission was jurisdictionally barred and had to dismiss the application. Read here.
 
  • Tran v Kodari Securities Pty Ltd [2019] FCA 968
The applicant, Mr Tran, alleged that his employment was terminated by Kodari Securities because he exercised a workplace right: that is, the right to seek legal advice before signing a new contract. Read here.
 

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