Parry v University of South Australia [2022] FCA 49

Federal Court of Australia

Parry v University of South Australia [2022] FCA 49 File number: SAD 88 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 3 February 2022

Catchwords: INDUSTRIAL LAW – alleged contravention of s 340 of the Fair Work Act 2009 (Cth) – applicant formerly employed by a University – applicant alleging the University terminated his employment for reasons that included his possession or exercise of a workplace right to protect his health and safety in the workplace, or to make a complaint or enquiry relating to safety issues arising in the workplace – University asserting it terminated the applicant's employment because of his failure to perform a duty – whether the applicant's failure to perform the duty constituted the exercise of a workplace right – whether reasons of the University for terminating the employment included the applicant's possession or exercise of the workplace rights alleged – application dismissed

Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 346, 360, 361, 368, 539, 546, 570 Work Health and Safety Act 2012 (SA) ss 84, 86

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [No 1] (2012) 248 CLR 500 General Motors-Holden Pty Ltd v Bowling (1976) 12 ALR 605 Tattsbet Ltd v Morrow (2015) 233 FCR 46

Division: Fair Work Division

Registry: South Australia

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 241

Date of hearing: 9 and 10 March 2021

Counsel for the Applicant: The Applicant appeared in person