Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rumble v The Partnership trading as HWL Ebsworth Lawyers [2019] FCA 1409 File number: NSD 678 of 2017
Judge: PERRAM J
Date of judgment: 3 September 2019
Catchwords: INDUSTRIAL LAW – adverse action – where applicant casual employee of law firm – where applicant made repeated public criticisms about government agencies – where government agencies clients of law firm – where applicant dismissed by managing partner – where applicant did not attend Christmas party or receive Christmas gift card – whether actions taken because of applicant's political opinion – whether dismissal otherwise not unlawful in place where action was taken CONTRACTS – whether implied term of duty to co-operate in employment contract – whether implied term breached STATUTES – Fair Work Act 2009 (Cth) s 351(2)(a) – meaning of 'not unlawful' – meaning of 'place where the action is taken'
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 351, 545 Anti-Discrimination Act 1977 (NSW) Discrimination Act 1991 (ACT) ss 7, 8, 10
Cases cited: Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; 253 CLR 243 Insight Vacations Pty Ltd v Young [2011] HCA 16; 243 CLR 149 Kay's Leasing Corporation Pty Ltd v Fletcher [1964] HCA 79; 116 CLR 124 Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 27; 327 ALR 460
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