Rudakova v Congregation of Religious Sisters of Charity of Australia trading as St Vincent's Private Hospital, Sydney [2020] FCA 1222

FEDERAL COURT OF AUSTRALIA

Rudakova v Congregation of Religious Sisters of Charity of Australia trading as St Vincent's Private Hospital, Sydney [2020] FCA 1222 Appeal from: Rudakova v The Congregation of Religious Sisters of Charity of Australia trading as St Vincent's Private Hospital, Sydney [2019] FCCA 3717

File number: NSD 102 of 2020

Judge: FLICK J

Date of judgment: 26 August 2020

Catchwords: INDUSTRIAL LAW – exercise of a workplace right to make a complaint against employer – employee dismissed – separateness of decision-making processes to investigate complaint and reasons for termination INDUSTRIAL LAW – adverse action – reason for acting not a prohibited reason – employer discharges reverse onus

Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 360, 361 Federal Court of Australia Act 1976 (Cth) ss 27, 37AF

Cases cited: Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, (2012) 248 CLR 500 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833, (2001) 117 FCR 424 Commissioner of Taxation v Scone Race Club Ltd [2019] FCAFC 225, (2019) 374 ALR 189 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157, (2015) 238 FCR 273 Construction, Forestry, Mining and Energy Union v Personnel Contracting Pty Ltd [2020] FCAFC 122 Coulton v Holcombe (1986) 162 CLR 1 Da Costa v Cockburn Salvage & Trading Pty Ltd (1970) 124 CLR 192 General Motors-Holden's Pty Ltd v Bowling (1976) 51 ALJR 235 Gibson (on behalf of the Dungay family) v Commissioner of Police (NSW Police Force) [2020] NSWCA 160 James Cook University v Ridd [2020] FCAFC 123 Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 Nichia Corporation v Arrow Electronics Australia Pty Ltd [2019] FCAFC 2 Psychology Board of Australia v Mair [2010] VSC 628 Robinson Helicopter Company Inc v McDermott [2016] HCA 22, (2016) 331 ALR 550 Scone Race Club Limited v Commissioner of Taxation [2020] HCATrans 95 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 Whittaker v Child Support Registrar [2010] FCAFC 112