Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arnett-Somerville v Monash Health [2016] FCA 1451 File number: VID 780 of 2014
Judge: JESSUP J
Date of judgment: 2 December 2016
Catchwords: INDUSTRIAL LAW – Adverse action – Whether established on the facts – Whether constituted by supervisors' manner and demeanour in otherwise benign contexts
Legislation: Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) ss 340, 342, 346, 347, 351, 793
Cases cited: Community and Public Sector Union v Telstra Corporation Ltd (2001) 107 FCR 93 Maritime Union of Australia v Fair Work Ombudsman [2016] FCAFC 102 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (2012) 202 FCR 244 Roberts v General Motors-Holden's Employees' Canteen Society Inc (1975) 25 FLR 415
Date of hearing: 5-9, 12-16 September 2016
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 241
Counsel for the Applicant: Mr J McKenna
Solicitor for the Applicant: Ryan Carlisle Thomas
Counsel for the Respondent: Mr J D Forbes
Solicitor for the Respondent: K&L Gates
ORDERS VID 780 of 2014
BETWEEN: KELLY MAREE ARNETT-SOMERVILLE Applicant
AND: MONASH HEALTH (ABN 82 142 080 338) Respondent
JUDGE: JESSUP J DATE OF ORDER: 2 December 2016
THE COURT ORDERS THAT:
1. The Application be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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