Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099

FEDERAL COURT OF AUSTRALIA

Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099 Citation: Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099

Parties: JOCELYN HANSEN v MT MARTHA COMMUNITY LEARNING CENTRE INC and KEVIN MURPHY

File number: VID 703 of 2014

Judge: JESSUP J

Date of judgment: 15 October 2015

Catchwords: INDUSTRIAL LAW – Summary dismissal of employee – Whether lawful – Whether justified by conduct of employee – Assault of subordinate – Impact on ability to undertake supervisory role. INDUSTRIAL LAW – Adverse action – Suspension and subsequent dismissal of employee – Employment covered by industrial instrument – Whether employee had role or responsibility under instrument – Employee had made complaint in relation to her employment two years previously – Whether adverse action taken because of making complaint. INDUSTRIAL LAW – Workplace agreement – Disciplinary procedures – Right to "fair hearing" and "unbiased process of judgment" – Allegation of assault against employee – Independent investigation – Whether employee entitled to investigator's documents – Whether employee denied fair hearing – Manager's involvement in investigator's recommendations – Manager exercised right to dismiss – Whether employee denied unbiased process of judgment. INDUSTRIAL LAW – Workplace agreement – Annual leave loading – Payment on termination. INDUSTRIAL LAW – Workplace agreement – Sick leave entitlement – Whether contravention of agreement if employer's record of amount of sick leave entitlement accrued inaccurate. INDUSTRIAL LAW – Termination of employment – Statutory right to period of notice – Exception where employee dismissed because of serious misconduct – Whether exception applied.