Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mahony v White [2016] FCAFC 160 Review of: Dr Daniel White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney v Mr Gerald Mahony [2015] FWCFB 4952 Paul O'Connell v Catholic Education Office, Archdiocese of Sydney T/A Catholic Education Office, Sydney [2016] FWCFB 1752
File numbers: NSD 253 of 2016 NSD 609 of 2016
Judges: JESSUP, TRACEY AND BARKER JJ
Date of judgment: 29 November 2016
Catchwords: INDUSTRIAL LAW – where applicants' employment terminated by employer following criminal charges and introduction of child protection legislation – where applicants lodged separate applications to Fair Work Commission for 'unfair dismissal' – where Commission issued differing decisions on similar but separate applications – whether employer's termination amounted to 'dismissal' to enliven Commission's jurisdiction – consideration of concept of dismissal at 'employer's initiative' – termination held to be at employer's initiative – applications determined on jurisdictional question and remitted to Commission for further determination
Legislation: Child Protection (Working with Children) Act 2012 (NSW) s 9 Crimes Act 1900 (NSW) s 61M Fair Work Act 2009 (Cth) ss 386, 387, 394, 604 Federal Court of Australia Act 1976 (Cth) s 20 Industrial Relations Act 1988 (Cth) ss 170CB, 170DB, 170DC, 170DE, 170DF, 170DG Industrial Relations Reform Act 1993 (Cth) Judiciary Act 2003 (Cth) s 39B
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