Penwill v National Jet Systems Pty Limited [2002] FCA 5

FEDERAL COURT OF AUSTRALIA

Penwill v National Jet Systems Pty Limited [2002] FCA 5

INDUSTRIAL LAW - termination of employment - whether termination of applicant's employment was "at the initiative of" the respondent - whether termination for reasons which included a proscribed reason, namely, applicant's physical or mental disability Workplace Relations Act 1966(Cth) ss 170CD, 170CK

Mohazab v Dick Smith Electronics Pty Ltd (No 2) (1995) 62 IR 200 followed Association of Professional Engineers, Scientists & Managers Australia v David Graphics Pty Limited (Unreported, Industrial Relations Court of Australia, Decision 410/95) followed Maritime Union of Australia v Geraldton Port Authority (1999) 94 IR 244 cited Laz v Downer Group Ltd [2000] FCA 1390 referred to Human Rights and Equal Opportunity Commission v Mount Isa Mines Ltd (1993) 46 FCR 301 referred to SALLY PENWILL v NATIONAL JET SYSTEMS PTY LIMITED W 166 OF 2001 CARR J 10 JANUARY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W166 OF 2001

BETWEEN: SALLY PENWILL

Applicant

AND: NATIONAL JET SYSTEMS PTY LIMITED

Respondent

JUDGE: CARR J

DATE OF ORDER: 10 JANUARY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W166 OF 2001

BETWEEN: SALLY PENWILL

Applicant

AND: NATIONAL JET SYSTEMS PTY LIMITED

Respondent

JUDGE: CARR J

DATE: 10 JANUARY 2002

PLACE: PERTH

REASONS FOR JUDGMENT

introduction 1 This is an application under ss 170CP and 170CR of the Workplace Relations Act 1996 (Cth) ("the Act"). The applicant, a former Flight Attendant employed by the respondent, seeks an order requiring the respondent to reinstate her, alternatively compensation, the imposition of a penalty and other compensatory orders.