Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 2) [2017] FCA 852

FEDERAL COURT OF AUSTRALIA

Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 2) [2017] FCA 852 File number: SAD 80 of 2015

Judge: CHARLESWORTH J

Date of judgment: 28 July 2017

Catchwords: CORPORATIONS — victimisation in contravention of Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) — disclosure of information — discloser having reasonable grounds to suspect information may indicate contravention of the Act by corporation's Chief Executive Officer — act of victimisation by Chief Executive Officer comprised of threat of harm to discloser's spouse — threat causing emotional distress — economic loss not proven — compensation for non-economic loss awarded INDUSTRIAL LAW — claim for compensation for victimisation under corporations legislation — alleged act of victimisation comprised of termination of employment — unfair dismissal proceedings previously decided in applicant's favour — subsequent claim for compensation in relation to dismissal prevented by s 725 of the Fair Work Act 2009 (Cth)

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), ss 1-30, 466-1, 469-5, 469-10; Pt 10-5 Corporations Act 2001 (Cth), s 588F Evidence Act 1995 (Cth), s 140 Fair Work Act 2009 (Cth), ss 385, 394, 725, 729, 732 Federal Court of Australia Act 1976 (Cth), s 51

Cases cited: Allen v Chadwick (2015) 256 CLR 148 Australian Securities and Investments Commission v Edwards [2005] NSWSC 831, (2005) 220 ALR 148 Commissioner for Corporate Affairs v Guardian Investments Pty Ltd [1984] VR 1019 Cussen v Sultan [2009] NSWSC 1114, (2009) 74 ACSR 496 Director of Public Prosecutions (Vic) v Le (2007) 232 CLR 562 Downey v Aira Pty Ltd (1996) 14 ACLC 1,068 George v Rockett (1990) 170 CLR 104 Jones v Dunkel (1959) 101 CLR 298 King v SA Psychological Board [1998] SASC 6621 Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266