Bahonko v Sterjov [2007] FCA 1244

FEDERAL COURT OF AUSTRALIA

Bahonko v Sterjov [2007] FCA 1244

INDUSTRIAL LAW – Termination of employment – Whether employment terminated for a proscribed reason under s 170CK(2)(f) of the Workplace Relations Act 1996 (Cth) – Whether terminated by reason of religion, political opinion, national extraction and/or social origin – Operation of s 170CQ – Reversed onus of proof INDUSTRIAL LAW – Termination of employment – Whether employment terminated for a proscribed reason under s 170CK(2)(f) of the Workplace Relations Act 1996 (Cth) – Whether imputed social disability is a physical or mental disability – Whether imputed disability considered a disability INDUSTRIAL LAW – Termination of employment – Required period of notice under s 170CM of the Workplace Relations Act 1996 (Cth) – Whether employee guilty of serious misconduct CONTRACT– Summary dismissal – Terms of employment – Whether employed for a particular period or indefinitely – Whether employee given a reasonable period of notice – Whether employee entitled to payment in lieu of notice HUMAN RIGHTS – Application pursuant to s 46 PO(1) of the Human Rights and Equal Opportunity Act 1996 (Cth) – Allegation of unlawful discrimination pursuant to s 9 of the Racial Discrimination Act 1975 (Cth) – Whether respondents performed an "act" involving a distinction, exclusion, restriction or preference – Whether employee discriminated against by reason of race, colour, descent or national or ethnic origin DEFAMATION – Claim for compensation – Evidence of publication – Neither truth nor privilege pleaded – Nominal damages awarded

Conciliation and Arbitration Act 1904 (Cth) s 5 Defamation Act 2005 (Vic) s 34 Human Rights and Equal Opportunity Act 1996 (Cth) s 46PO Industrial Relations Act 1988 ss 334, 170DF, 170EDA Racial Discrimination Act 1975 (Cth) s 9(1) Workplace Relations Act 1996 (Cth) ss 170CP, 170CK, 170CM, 170CQ, Part XA