Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tsilibakis v Transfield Services (Australia) Pty Ltd [2015] FCA 740 Citation: Tsilibakis v Transfield Services (Australia) Pty Ltd [2015] FCA 740
Parties: ANTHONY TSILIBAKIS v TRANSFIELD SERVICES (AUSTRALIA) PTY LTD
File number: SAD 274 of 2013
Judge: WHITE J
Date of judgment: 21 July 2015
Catchwords: INDUSTRIAL LAW – adverse action – employee made internal complaints in course of employment – employer terminated employee's employment, did so with immediate effect, did not locate alternative employment, and did not re-employ employee in another position – whether purported redundancy was genuine – whether employer's actions were taken in response to employee's exercises of workplace rights CONTRACTS – breach of contract – whether policies and procedures were incorporated in employment contract
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 361
Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 314 ALR 1 Fraser v Fletcher Construction Australia Ltd (1996) 70 IR 117 Gibbs v Palmerston Town Council (unreported, Gray J, 21 December 1987) Goldman Sachs JBWere Services Pty Ltd v Nikolich [2007] FCAFC 120; (2007) 163 FCR 62 Jones v Queensland Tertiary Admissions Centre Ltd (No 2) [2010] FCA 399; (2010) 186 FCR 22 Khiani v Australian Bureau of Statistics [2011] FCAFC 109 Maritime Union of Australia v Burnie Port Corporation Pty Ltd [2000] FCA 1189; (2000) 101 IR 435 National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 Riverwood International Australia Pty Ltd v McCormick [2000] FCA 889; (2000) 177 ALR 193 Rowland v Alfred Health [2014] FCA 2 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 Voigtsberger v Council of the Shire of Pine Rivers (No 2) (1981) 58 FLR 239 Wood (on behalf of the Industrial Relations Bureau) v Lord Mayor, Councillors and Citizens of the City of Melbourne (1979) 41 FLR 1
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