Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dutta v Telstra Corporation Limited [2019] FCAFC 103 Appeal from: Dutta v Telstra Corporation Limited [2018] FCA 1994
File number: QUD 936 of 2018
Judges: LOGAN, FLICK AND REEVES JJ
Date of judgment: 21 June 2019
Catchwords: INDUSTRIAL LAW – appeal from the Federal Court – where appellant is a litigant in person – where appellant was made involuntarily redundant – where appellant claims employer took adverse action against him because he exercised a workplace right – where appellant also sought a remedy in the Court for unfair dismissal – where appellant commenced proceedings in the Federal Court rather than in the Fair Work Commission – whether Federal Court can grant relief for unfair dismissal in the Federal Court – primary judge was correct in finding it did not have jurisdiction to entertain unfair dismissal claims – where, if the employer's witnesses were believed, the appellant's termination had nothing to do with his exercising workplace rights – where primary judge made findings about the credibility of witnesses – whether credibility findings should be displaced by an appellate court – where appellant claimed his employer's witnesses gave untruthful evidence – where there was no evidence supporting this claim – appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340, 342, 361, 365, 366, 368, 369, 370, 385, 389, 390, 394, 725, 727, 728, 729 Federal Court Rules 2011 (Cth) r 36.01
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (2018) 358 ALR 683 Belton v General Motors-Holden's Ltd (No 1) (1984) 58 ALJR 352 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Cocoa Cola Amatil (PNG) Ltd v Kennedy (2012) 2 PNGLR 205 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd (2015) 238 FCR 273 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243 Devries v Australian National Railways Commission (1993) 177 CLR 472 Dutta v Telstra Corporation Limited [2018] FCA 1994 Fox v Percy (2003) 214 CLR 118 Walsh v Umoona Tjutagku Health Services Aboriginal Corporation (No 2) [2017] FCA 852
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate