Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - industrial law - claim that contrary to s 298K of the Workplace Relations Act 1996 (Cth) employer terminated employment for a prohibited reason - employer carrying the burden to displace the prohibited reason - employer should call evidence first. INDUSTRIAL LAW - employment law - termination of employment - alleged unlawful termination for a reason that included a prohibited reason - claim that employee's membership of industrial association and shop steward activities were a substantial and operative factor - employer alleged employee dismissed for misconduct - whether employer displaced onus on it. Workplace Relations Act 1996 (Cth) ss 298K, 298L, 298T, 298V Johns v Gunns Ltd (1995) 60 IR 258 Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371 General Motors-Holden's Pty Ltd v Bowling (1976) 12 ALR 605 Heidt v Chrysler Australia Ltd (1975) 26 FLR 257 Kelly v Construction, Forestry, Mining and Energy Union (No 3) (1995) 63 IR 119
MARTIN HOWARTH v FRIGRITE KINGFISHER PTY LTD VG 197 of 1998 Judicial Registrar Murphy Melbourne 29 May 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 197 of 1998
BETWEEN: Martin Howarth
Applicant
AND: Frigrite KingFisher Pty Ltd
Respondent
JUDICIAL REGISTRAR: MURPHY
DATE OF ORDER: 29 mAY 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 197 of 1998
BETWEEN: Martin Howarth
Applicant
AND: Frigrite KingFisher Pty Ltd
Respondent
JUDicial registrar: MURPHY
DATE: 29 may 1998
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