Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184 Citation: State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184
Appeal from: Grant v State of Victoria (The Office of Public Prosecutions) [2014] FCCA 17 Grant v State of Victoria (The Office of Public Prosecutions) [2014] FCCA 991
Parties: STATE OF VICTORIA (THE OFFICE OF PUBLIC PROSECUTIONS) v ANTHONY GRANT
File number: VID 322 of 2014
Judges: TRACEY, BUCHANAN AND WHITE JJ
Date of judgment: 23 December 2014
Catchwords: 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 employment – whether employee's conduct was interwoven with his medical condition – consideration of the principles enunciated in Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41
Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 22 Fair Work Act 2009 (Cth) ss 346, 351, 360, 361, 546 Public Administration Act 2004 (Vic)
Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 – considered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 – considered Grant v State of Victoria [2014] FCCA 17 – cited Grant v State of Victoria (No 2) [2014] FCCA 991 – cited Purvis v New South Wales (2003) 217 CLR 92 – considered
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