Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maric v Ericsson Australia Pty Ltd [2020] FCA 452 File number: VID 844 of 2019
Judge: STEWARD J
Date of judgment: 9 April 2020
Catchwords: INDUSTRIAL LAW – general protections – workplace rights – adverse action – where applicant was a prospective employee of respondent – where applicant alleged that respondent took adverse action against her for exercising alleged "workplace rights" during the course of negotiating her prospective employment – whether the applicant as a "prospective employee" had a "workplace right" to make an inquiry within the meaning of s. 341(1)(c)(ii) of the Fair Work Act 2009 (Cth.) – whether the alleged inquiries were capable of being an "inquiry" within the meaning of s. 341(1)(c)(ii)
Legislation: Disability Discrimination Act 1992 (Cth.) ss. 5, 15 Fair Work Act 2009 (Cth.) ss. 340, 341, 342 Equal Opportunity Act 2010 (Vic.) s. 20
Cases cited: Australasian Meat Industry Employees' Union v. Belandra Pty Ltd [2003] FCA 910; (2003) 126 I.R. 165 Burnie Port Corporation Pty Ltd v. Maritime Union of Australia (2000) 104 F.C.R. 440 Cigarette & Gift Warehouse Pty Ltd v. Whelan (2019) 268 F.C.R. 46 Commissioner of Taxation v. Murray (1990) 21 F.C.R. 436 Construction, Forestry, Mining & Energy Union v. Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 DCC Holdings (UK) Ltd v. Revenue and Customs Commissioners [2010] UKSC 58; [2011] 1 W.L.R. 44 Federal Commissioner of Taxation v. Comber (1986) 10 F.C.R. 88 Handbury Holdings Pty Ltd v. Federal Commissioner of Taxation (2009) 179 F.C.R. 56 Harts Australia Ltd v. Commissioner of Taxation (2001) 109 F.C.R. 405 Marshall v. Kerr [1993] S.T.C. 360 Murrihy v. Betezy.com.au Pty Ltd [2013] FCA 908; (2013) 238 I.R. 307 Newcastle Airport Pty Ltd v. Chief Commissioner of State Revenue (NSW) [2014] NSWSC 1501; (2014) 99 A.T.R. 748 PIA Mortgage Services Pty Ltd v. King [2020] FCAFC 15 Project Blue Sky Inc. v. Australian Broadcasting Authority (1998) 194 C.L.R. 355 Shea v. TRUenergy Services Pty Ltd (No 6) [2014] FCA 271; (2014) 242 I.R. 1
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