Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Short v Ambulance Victoria [2014] FCA 3 Citation: Short v Ambulance Victoria [2014] FCA 3
Parties: DARREN SHORT v AMBULANCE VICTORIA (ABN 50 373 327 705)
File number: VID 1227 of 2011
Judge: MARSHALL ACJ
Date of judgment: 15 January 2014
Catchwords: INDUSTRIAL LAW – adverse action – exercise of workplace right – making of complaint or inquiry in relation to employment – discrimination – mental disability – whether the withdrawal of an offer of interview for a higher duties position constitutes "adverse action" – whether adverse action taken for a prohibited reason – respondent's onus of proof discharged. INDUSTRIAL LAW – whether breach of an enterprise agreement – failure to refer disciplinary dispute to Fair Work Commission. CONTRACT – whether conduct of respondent breached implied term of mutual trust and confidence in contract of employment – content of duty.
Legislation: Fair Work Act 2009 (Cth) ss 50, 340, 341, 342, 351, 360, 361 Public Administration Act 2004 (Vic)
Cases cited: Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Commonwealth Bank of Australia v Barker (2013) 214 FCR 450
Dates of hearing: 14, 15, 16, 17 and 18 October 2013
Date of last submissions: 13 December 2013
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 91
Counsel for the Applicant: Mr P Wheelahan with Ms E Tueno
Solicitor for the Applicant: Ms K Moorhouse-Perks
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