Quinn v Overland [2010] FCA 799

FEDERAL COURT OF AUSTRALIA

Quinn v Overland [2010] FCA 799

Citation: Quinn v Overland [2010] FCA 799

Parties: CATHERINE ANNE QUINN v SIMON OVERLAND (SUED IN HIS CAPACITY AS CHIEF COMMISSIONER OF POLICE) and STATE OF VICTORIA

File number(s): VID 166 of 2010

Judge: BROMBERG J

Date of judgment: 28 July 2010

Catchwords: INDUSTRIAL LAW – Suspension of employee pending investigation of misconduct – application for interlocutory injunction to restrain suspension – Public Administration Act 2004 (Vic) ss 8, 20(3) – whether private right of action conferred – whether power to suspend is to be exercised fairly – whether natural justice applicable – misconduct and condonation – serious questions to be tried – principles on grant of interlocutory relief in context of employment relationship – right to work – balance of convenience and discretionary factors favour grant of relief.

PUBLIC SERVICE - Suspension of employee pending investigation of misconduct – application for interlocutory injunction to restrain suspension – Public Administration Act 2004 (Vic) ss 8, 20(3) – whether private right of action conferred – whether power to suspend is to be exercised fairly – whether natural justice applicable – misconduct and condonation – serious questions is to be tried – principles on grant of interlocutory relief in context of employment relationship – right to work – balance of convenience and discretionary factors favour grant of relief.

Legislation: Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Schedule 16 Federal Court Act 1975 (Cth) s 23 Public Administration Act 2004 (Vic) ss 3, 8, 20 Workplace Relations Act 2006 (Cth)