Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dutta v Telstra Corporation Limited [2018] FCA 1994 File number: QUD 515 of 2017
Judge: RANGIAH J
Date of judgment: 13 December 2018
Catchwords: INDUSTRIAL LAW – whether employer took adverse action against applicant because he exercised a workplace right – whether applicant's dismissal was a genuine redundancy – where applicant alleges he was dismissed after making complaints about workplace – where applicant alleges he was dismissed after requesting flexible working arrangements – whether applicant was bullied, harassed, targeted and isolated – finding that adverse action was not taken because applicant exercised workplace rights – application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 360, 361, 389, 725, 727, 729, 793, Pt 3–1, Ch 3 and Div 3, Pt 3–1
Cases cited: Board of the Bendigo Regional Institute of TAFE v Barclay (2012) 290 ALR 647 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157
Date of hearing: 30 May 2018
Date of last submissions: 3 September 2018 (Respondent) 12 September 2018 (Applicant)
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 268
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr J Dwyer
Solicitor for the Respondent: McCullough Robertson
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