Federal Court of Australia
Federal Court of Australia
Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 File numbers: NSD 349 of 2022 NSD 506 of 2022
Judgment of: BURLEY J
Date of judgment: 5 June 2023
Catchwords: INDUSTRIAL LAW – conduct said to be in breach of various terms of the Fair Work Act 2009 (Cth) – alleged steps taken by the respondents in issuing directions that employees receive vaccinations to inoculate them against COVID-19 and subsequent termination of the applicants from their employment as a result of failing to comply with directions PRACTICE AND PROCEDURE – interlocutory application for summary dismissal and/or strike-out of pleadings – whether pleadings inadequate – leave granted to re-plead certain claims – certain claims dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) INDUSTRIAL LAW – application for extension of time for filing general protections application – whether only extension of time for adverse action by dismissal required leave or whether leave also required in respect of adverse action by injuring the applicants in their employment, adverse action by discrimination and adverse action by coercion – construction of s 370 of the Fair Work Act 2009 (Cth)
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