Federal Court of Australia
Federal Court of Australia
Kodari Securities Pty Ltd v Tran [2020] FCAFC 164 Appeal from: Tran v Kodari Securities Pty Ltd [2019] FCA 968
File number: NSD 1203 of 2019
Judgment of: KATZMANN, MORTIMER AND JACKSON JJ
Date of judgment: 1 October 2020
Catchwords: INDUSTRIAL LAW — general protections claim — adverse action — where primary judge upheld employee's claim that his employment was terminated because he exercised a workplace right and rejected employer's version that he had resigned — where claim turned on whether employee had informed employer that he wanted to seek legal advice before signing a new contract and primary judge preferred his evidence to evidence of employer's witnesses, whether primary judge fell into appealable error — whether finding contrary to compelling inferences or incontrovertible facts — whether primary judge erred in approach to assessment of economic loss
Legislation: Evidence Act 1995 (Cth) s 140(2) Fair Work Act 2009 (Cth) ss 340, 343, 361
Cases cited: Abalos v Australian Postal Commission (1990) 171 CLR 167 Branir Pty Limited v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Briginshaw v Briginshaw (1938) 60 CLR 336 Devries v Australian National Railways Commission (1993) 177 CLR 472 Fox v Percy (2003) 214 CLR 118 Lee v Lee (2019) 266 CLR 129 Liquor Hospitality and Miscellaneous Union v Arnotts Biscuits Ltd (2010) 188 FCR 221 Queensland v Masson [2020] HCA 28; 94 ALJR 785 Warren v Coombes (1979) 142 CLR 531
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