Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Borg v Victoria University [2015] FCA 252 Citation: Borg v Victoria University [2015] FCA 252
Parties: DR VICTORIA BORG v VICTORIA UNIVERSITY (ACN 83 776 954 731)
File number: VID 1092 of 2013
Judge: TRACEY J
Date of judgment: 26 March 2015
Catchwords: INDUSTRIAL LAW – whether failure to re-engage employee taken because the employee had exercised a workplace right to complain to the employer and external bodies – whether failure to re-engage employee within Item 1 or Item 2 of the definition of "adverse action"
Legislation: Equal Opportunity Act 2010 (Vic) Fair Work Act 2009 (Cth) Occupational Health and Safety Act 2004 (Vic)
Cases cited: Attorney-General (NSW) v Perpetual Trustee Company Ltd (1952) 85 CLR 237 – cited Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 – cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25 – cited Ermel v Duluxgroup (Australia) Pty Ltd (No 2) [2015] FCA 17 Victoria v The Commonwealth (1996) 187 CLR 416 – cited
Date of hearing: 10, 11, 12 and 13 March 2015
Date of last submissions: 13 March 2015
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 69
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr N Harrington
Solicitor for the Respondent: Colin Biggers & Paisley
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