Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Villani v Holcim (Australia) Pty Ltd [2011] FCAFC 155 Citation: Villani v Holcim (Australia) Pty Ltd [2011] FCAFC 155
Parties: GIUSEPPE VILLANI v HOLCIM (AUSTRALIA) PTY LTD T/A HOLCIM AND FAIR WORK AUSTRALIA COMPRISING COMMISSIONER GOOLEY, SENIOR DEPUTY PRESIDENT KAUFMAN, DEPUTY PRESIDENT SAMS AND COMMISSIONER GAY
File number: VID 339 of 2011
Judges: GRAY, MARSHALL AND BROMBERG JJ
Date of judgment: 2 December 2011
Catchwords: INDUSTRIAL LAW - employment - termination - whether Fair Work Australia's determination that termination not harsh, unjust or unreasonable the result of jurisdictional error - requests by employer to provide information about employee's possible conflict of interest - employee alleged to be conducting trucking business carting concrete for employer's business rival - whether open to Fair Work Australia to take into account failure of employee and his solicitors to provide information - whether inquiries related to a matter beyond the scope of the employment relationship
Legislation: Judiciary Act 1903 (Cth) s 39B Fair Work Act 2009 (Cth) ss 387, 562, 563, 570, 604
Cases cited: Edwards v Giudice (1999) 94 FCR 561 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) HCA 32 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Villani v Holcim (Australia) Pty Ltd t/as Holcim [2011] FWA 141
Date of hearing: 4 November 2011
Place: Melbourne
Division: FAIR WORK DIVISION
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