Laz v Downer Group Ltd [2000] FCA 1390

FEDERAL COURT OF AUSTRALIA

Laz v Downer Group Ltd [2000] FCA 1390 INDUSTRIAL LAW – termination of employment – whether termination for proscribed reasons – application under s 170CK(2)(f) of the Workplace Relations Act 1996 (Cth) – whether employer bears onus of proving that termination was not for proscribed reason – whether applicant's pregnancy was a reason for the termination of her employment – whether applicant's family responsibilities were a reason for the termination of her employment – inherent requirements of employee's position – whether appropriate to order reinstatement – whether Court has power to order back pay – imposition of penalty Workplace Relations Act 1996 (Cth) s 170CK Qantas Airways Ltd v Christie (1998) 152 ALR 365, referred to Stojanovic v The Commonwealth Club Ltd (Moore J, IRCA unreported, 8 December 1995), distinguished Kelly v Construction, Forestry, Mining & Energy Union (No 3) (1995) 63 IR 119, cited Boyce v William and Suzanne Leggett T/A Baker Bill's Fine Pies (Finn J, Federal Court of Australia, unreported, 12 December 1997), cited Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463, cited Wannberg v Alloa Holdings Pty Ltd (Industrial Relations Court of Australia, unreported, 31 July 1996), cited Ettridge v TransAdelaide (1998) 80 IR 422, cited Perkins v Grace Worldwide (Australia) Pty Ltd (1997) 72 IR 186, referred to Sherman v Peabody Coal Ltd (1998) 88 IR 408, referred to Anthony Smith & Associates Pty Ltd v Sinclair (1996) 67 IR 240, referred to Printing and Kindred Industries Union v Vista Paper Products Pty Ltd (1992) 45 IR 268, referred to Morris v Gestetner Ltd (1973) ICR 587, referred to Barbara Mines Ltd [1998] FCA 621, distinguished LOUISE LAZ v DOWNER GROUP LTD N 960 OF 1999 MOORE J 11 OCTOBER 2000 SYDNEY