Dafallah v Fair Work Commission [2014] FCA 328

FEDERAL COURT OF AUSTRALIA

Dafallah v Fair Work Commission [2014] FCA 328 Citation: Dafallah v Fair Work Commission [2014] FCA 328

Parties: MARIAM DAFALLAH v FAIR WORK COMMISSION and MELBOURNE HEALTH

File number: VID 705 of 2012

Judge: MORTIMER J

Date of judgment: 4 April 2014

Catchwords: INDUSTRIAL LAW – Applicant's employment terminated for poor performance by second respondent – applicant seeks judicial review of decisions of Commissioner at first instance and Full Bench of the Fair Work Commission – whether decision of Full Bench affected by jurisdictional error – whether Full Bench should have found it was in the public interest to grant permission to appeal – whether second respondent contravened warnings provisions of certified agreement – whether breach of implied contractual term of mutual trust and confidence – whether breach of disciplinary procedure incorporated into employment contract – breach of agreement claim only successful – reinstatement not appropriate in circumstances of case – applicant seeks penalties to be paid to her – no penalties imposed – compensation awarded.

Legislation: Crimes Act 1914 (Cth) s 4AA Evidence Act 1995 (Cth) s 191 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 3 Item 2, Sch 16 Items 2, 16 Fair Work Act 2009 (Cth) ss 12, 385, 387, 392, 400, 418, 539, 545, 546, 562, 563, 570, 577, 596, 604 Fair Work Amendment Act 2012 (Cth) Sch 9 Fair Work Amendment Act 2013 (Cth) Sch 6 Health Services (Governance) Act 2000 (Vic) ss 204, 221 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO(4) Industrial Relations Act 1988 (Cth) s 170EE Judiciary Act 1903 (Cth) s 39B Workplace Relations Act 1996 (Cth) Federal Court Rules 2011 (Cth) r 26.01 Health Services Union of Australia — Health and Allied Services, Administrative Officers — Victorian Public Sector — Multi Employer Certified Agreement 2006-2009 cl 38