Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wroughton v Catholic Education Office Diocese of Parramatta [2015] FCA 1236 Citation: Wroughton v Catholic Education Office Diocese of Parramatta [2015] FCA 1236
Parties: KAREN ALETHEA WROUGHTON v CATHOLIC EDUCATION OFFICE DIOCESE OF PARRAMATTA and THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF PARRAMATTA
File number: NSD 211 of 2015
Judge: FLICK J
Date of judgment: 17 November 2015
Catchwords: INDUSTRIAL LAW – termination of employment – adverse action – reverse onus of proof – reasons for action taken did not include improper reasons HUMAN RIGHTS – discrimination – no jurisdiction of Court in absence of termination of complaint – no complaint made to Human Rights Commission
Legislation: Australian Human Rights Commission Act 1986 (Cth), ss 3, 46PO(1) Fair Work Act 2009 (Cth), ss 12, 340, 340(1)(a), 341(1), 341(1)(c), 342, 342(1), 346, 351, 352, 361, 570, 570(2) Industrial Relations Act 1988 (Cth), s 170DF(1) Sex Discrimination Act 1984 (Cth), ss 28A, 28A(1), 28B, 28B(6), 28(B)(7) Work Health and Safety Act 2011 (Cth), ss 12(1), 20 Work Health and Safety Act 2011 (NSW), ss 20, 255 Workplace Relations Act 1996 (Cth), s 170CK(2)(a)
Cases cited: Australian Workers Union v Leighton Contractors Pty Ltd (No 2) [2013] FCAFC 23 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, (2012) 248 CLR 500 Country Roads Board v Neale Ads Pty Ltd (1930) 43 CLR 126 Ermel v Duluxgroup (Aust) Pty Ltd (No 2) [2015] FCA 17 General Motors-Holden's Pty Ltd v Bowling (1976) 51 ALJR 235 Kennewell v MG & CG Atkins (t/as Cardinia Waste & Recyclers) [2015] FCA 716 Khiani v Australian Bureau of Statistics [2011] FCAFC 109 Momcilovic v The Queen [2011] HCA 34, (2011) 245 CLR 1 National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 RailPro Services Pty Ltd v Flavel [2015] FCA 504 Sperandio v Lynch [2006] FCA 1648 State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184 Tattsbet Ltd v Morrow [2015] FCAFC 62, (2015) 321 ALR 305 Tsilibakis v Transfield Services (Australia) Pty Ltd [2015] FCA 740
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