Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perez v Northern Territory Department of Correctional Services [2016] FCA 476 Appeal from: Perez v Northern Territory Department of Correctional Services [2015] FCCA 1384
File number: NTD 38 of 2015
Judge: WHITE J
Date of judgment: 6 May 2016
Catchwords: INDUSTRIAL Law – adverse action claim – appellant made formal complaint of harassment – appellant commenced workers compensation proceedings – whether performance review constituted adverse action – whether standing down of appellant constituted adverse action – whether destruction of CCTV footage to which appellant wished to refer constituted adverse action – whether recommendation that consideration be given to terminating appellant's employment constituted adverse action – whether trial judge had apprehended bias
Legislation: Evidence Act 1995 (Cth) s 63 Fair Work Act 2009 (Cth) ss 340, 341, 342, 351, 361, 545, 546, 550 Federal Circuit Court Rules 2001 (Cth) r 11.02 Public Sector Employment and Management Act (NT) s 16 Workplace Relations Act 1966 (Cth) s 290K(1)
Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500 Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 253 CLR 169 Community and Public Sector Union v Telstra Corporation Ltd [2001] FCA 267; (2001) 107 FCR 93 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; (2002) 210 CLR 438 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30; (1998) 195 CLR 1 Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association [2012] FCAFC 63 Re Refugee Review Tribunal; ex parte H [2001] HCA 28; (2001) 179 ALR 425 Short v Ambulance Victoria [2015] FCAFC 55 State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184; (2014) 246 IR 441 Tattsbet Ltd v Morrow [2015] FCAFC 62
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