Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Regulski v State of Victoria [2015] FCA 206 Citation: Regulski v State of Victoria [2015] FCA 206
Parties: PAUL REGULSKI v STATE OF VICTORIA, VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION, MARK WINDISCH and GABRIELLE LEVINE
File number: VID 760 of 2013
Judge: JESSUP J
Date of judgment: 13 March 2015
Catchwords: INDUSTRIAL LAW – Adverse action – Whether taken against employee – If taken, whether taken because employee had or exercised workplace right in the nature of his entitlement to the benefit of a workplace law or his ability to make a complaint or inquiry in relation to his employment – Whether employee was so entitled or had made such a complaint or inquiry. CONTRACT – Contract of employment – Implied terms – Duty of co-operation – Duty to act in good faith.
Legislation: Accident Compensation Act 1985 (Vic) ss 3, 105, 189, 194, 195, 196 Fair Work Act 2009 (Cth) ss 12, 340, 341, 342, 361, 550 Liquor Control Reform Act 1998 (Vic) Long Service Leave Act 1992 (Vic) s 62 Occupational Health and Safety Act 2004 (Vic) s 21 Whistleblowers Protection Act 2001 (Vic) s 5
Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 549 Commonwealth Bank of Australia v Barker (2014) 312 ALR 356 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Secured Income Real Estate (Aust) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Shea v TRUenergy Services Pty Ltd (No 6) (2014) 314 ALR 346
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