Federal Court of Australia
Federal Court of Australia
McLoughlin v Randstad Pty Ltd [2021] FCAFC 160 Appeal from: McLoughlin v Randstad Pty Ltd (No 3) [2021] FCCA 223
File number: NSD 231 of 2021
Judgment of: WHITE, O'CALLAGHAN AND COLVIN JJ
Date of judgment: 26 August 2021
Date of publication of reasons: 2 September 2021
Catchwords: APPEAL AND NEW TRIAL - appeal from decision of Federal Circuit Court dismissing appellant's claim alleging dismissal in contravention of Fair Work Act 2009 (Cth) - where appellant claimed her employment terminated for exercising workplace right, alternatively because of conduct which was a manifestation of her mental disability - whether primary judge failed to discharge judicial task of providing reasons for decision - where reasons of primary judge expressed at high level of generality - appeal allowed - matter remitted for rehearing
Legislation: Fair Work Act 2009 (Cth) ss 351, 361, 570
Cases cited: AK v Western Australia [2008] HCA 8; (2008) 232 CLR 438 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 DL v The Queen [2018] HCA 26; (2018) 266 CLR 1 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 79 ALJR 1816 Thorne v Kennedy [2017] HCA 49; (2017) 263 CLR 85 Wainohu v New South Wales [2011] HCA 24; (2011) 243 CLR 181
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