Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crowley v Parker Hannifin (Australia) Pty Limited [2006] FCA 901
INDUSTRIAL RELATIONS – alleged unlawful termination of employment on grounds of temporary absence from work, complaint to authorities and disability – whether employee terminated for a temporary absence from work because of illness or injury within the meaning of reg 30C of the Workplace Relations Regulations 1996 (Cth) Held – Regulation 30C not satisfied and termination not otherwise in breach of s 170CK(2) of the Workplace Relations Act 1996 (Cth). The application is dismissed. Workplace Relations Act 1996 (Cth) s 170CR, s 170CK(2) Laz v Downer Group Ltd [2000] FCA 1390; FCA (2000) 108 IR 244, followed He v Lewin [2004] FCAFC 161; (2004) 137 FCR 266, applied Jennings v Salvation Army [2003] FCA 1193; (2003) 128 IR 366, followed
LEANNE CROWLEY v PARKER HANNIFIN (AUSTRALIA) PTY LIMITED
VID 953 OF 2005
MARSHALL J
13 JULY 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 953 OF 2005
BETWEEN: LEANNE CROWLEY
APPLICANT
AND: PARKER HANNIFIN (AUSTRALIA) PTY LIMITED
(ABN 89 008 446 893)
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 13 JULY 2006
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 VID 953 OF 2005
BETWEEN: LEANNE CROWLEY
APPLICANT
AND: PARKER HANNIFIN (AUSTRALIA) PTY LIMITED
(ABN 89 008 446 893)
RESPONDENT
JUDGE: MARSHALL J
DATE: 13 JULY 2006
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 Leanne Crowley worked for Parker Hannifin (Australia) Pty Limited from 15 July 2002 until 8 March 2005 when Mr David Flint, the then Group Human Resources Manager – Australasia of Parker Hannifin terminated her employment. Ms Crowley alleges that Parker Hannifin terminated her employment for reasons which include the following: · her temporary absence from work because of illness or injury, within the meaning of the then applicable Workplace Relations Regulations 1996 (Cth); · the filing of a complaint against her former employer alleging violation of laws or regulations; and · her physical disability. 2 In mid June 2004, whilst scuba diving off the Great Barrier Reef, Ms Crowley suffered an injury to her left ear, resulting in vestibular dysfunction. 3 Parker Hannifin denies that the reasons for Ms Crowley's termination include any of the above reasons. It says that it terminated her employment because it was unable to ascertain when Ms Crowley may return to work, in circumstances where Ms Crowley was actively looking for work elsewhere.
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