Metcalfe v Clayton Church Homes Incorporated [2015] FCA 219

FEDERAL COURT OF AUSTRALIA

Metcalfe v Clayton Church Homes Incorporated [2015] FCA 219 Citation: Metcalfe v Clayton Church Homes Incorporated [2015] FCA 219

Parties: BERNADETTE METCALFE v CLAYTON CHURCH HOMES INCORPORATED, ANDREW CASE and ALISON CASE

File number: SAD 56 of 2013

Judge: BESANKO J

Date of judgment: 16 March 2015

Catchwords: INDUSTRIAL LAW – exercise of workplace rights –– claim for workers compensation and claim to return to work in previous role at previous workplace – complaint to regulatory authority about safety of workplace INDUSTRIAL LAW – adverse action – whether criticism about completion of applicant's timesheets constituted adverse action – whether deducting amounts by which applicant allegedly overpaid from applicant's wages constituted adverse action – whether making allegedly unsubstantiated allegations about applicant's nursing practice constituted adverse action – whether alleged failure to minimise exposure of applicant to cat dander in workplace constituted adverse action – removal of applicant from work roster due to open-ended medical certificate constituted adverse action – termination of the applicant's employment constituted adverse action INDUSTRIAL LAW – whether adverse action taken against applicant because of applicant's exercise of workplace rights – application of presumption that action taken for proscribed reason – relief for adverse action – Fair Work Act 2009 (Cth) ss 340(1), 361(1) Held: Application dismissed.

Legislation: Fair Work Act 2009 (Cth) ss 340, 342, 346, 360, 361, 545, 546, 682 Workers Rehabilitation and Compensation Act 1986 (SA) ss 26, 28A, 58B Workplace Relations Act 1996 (Cth)