Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177 Citation: Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177
Appeal from: Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCA 439
Parties: LISA CAROLYN ROMERO v FARSTAD SHIPPING (INDIAN PACIFIC) PTY LTD (ACN 105 011 989)
File numbers: TAD 9 of 2014
Judges: ALLSOP CJ, RARES J AND MCKERRACHER J
Date of judgment: 22 December 2014
Catchwords: CONTRACTS – construction and interpretation of employment contract – whether an employer's workplace discrimination and harassment policy formed part of the contract of employment – factors to be considered in determining that question – whether the policy was merely aspirational or directive – language of letter of engagement – context – reinforcement of policy terms – importance placed on terms – mutuality of promises – policy reflecting statutory obligations INDUSTRIAL LAW – whether investigation conducted by the employer into a complaint made by an employee constituted a departure from the workplace discrimination and harassment policy – whether departure from the policy constituted a breach of the employment contract – whether departure from the policy constituted repudiation of the employment contract – whether employee entitled to damages for breach or repudiation of the employment contract STATUTORY INTERPRETATION – whether s 54(1) of Seafarers Rehabilitation and Compensation Act 1992 (Cth) is a complete bar to the application – whether s 54 is directed to personal injury claims brought under the common law Held: Appeal allowed
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