Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Herbert v Star Aviation Pty Ltd [2019] FCAFC 136 Appeal from: Herbert v Star Aviation Services Pty Ltd [2019] FCA 239
File number: NSD 439 of 2019
Judges: KATZMANN, COLVIN & THAWLEY JJ
Date of judgment: 14 August 2019
Catchwords: INDUSTRIAL LAW — adverse action — whether action taken against appellant because of his family or carer responsibilities — whether primary judge erred in various respects
Legislation: Fair Work Act 2009 (Cth) ss 351, 360, 361(1), Part 3–1 Racial Discrimination Act 1975 (Cth)
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 358 ALR 683 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Branir v Owston Nominees (No 2) Pty Ltd (2001) 2001 FCR 424 Fox v Percy (2003) 214 CLR 118
Date of hearing: 14 August 2019
Registry: New South Wales
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 41
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondents: Ms L Saunders
Solicitor for the Respondents: HWL Ebsworth Lawyers
ORDERS NSD 439 of 2019
BETWEEN: STEPHEN NOEL HERBERT Appellant
AND: STAR AVIATION SERVICES PTY LTD (ACN 160 093 630) AS TRUSTEE FOR THE STAR AVIATION TRUST First Respondent
PETER GEORGIOU Second Respondent
PETER CORNELL Third Respondent
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