Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nuttall v Hatch Pty Ltd [2024] FCA 339 File number(s): VID 562 of 2019
Judgment of: HESPE J
Date of judgment: 9 April 2024
Catchwords: EMPLOYMENT LAW – employment – adverse action – whether the applicant was subjected to adverse action contrary to s 340 of the Fair Work Act 2009 (Cth) (FW Act) – whether applicant made complaints or inquiries amounting to the exercise of "workplace rights" pursuant to s 341 of the FW Act – whether adverse action was taken because the applicant exercised a workplace right CONTRACT LAW – construction of shareholder agreement – whether applicant was absent from "active employment for a continuous period of twelve (12) months or more"
Legislation: Corporations Act 2001 (Cth) s 175 Fair Work Act 2009 (Cth) ss 13, 14, 22, 334, 339, 340, 341, 342, 360, 361, 545, 546, 547, 793
Cases cited: Alam v National Australia Bank Limited [2021] FCAFC 178; (2021) 288 FCR 301 Australian Workers' Union v BHP Iron-Ore [2001] FCA 3; (2000) 106 FCR 482 BHP Iron Ore Pty Ltd v Australian Workers' Union [2000] FCA 430; (2000) 102 FCR 97 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500 Cigarette & Gift Warehouse Pty Ltd v Whelan [2019] FCAFC 16; (2019) 268 FCR 46 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Dorsch v HEAD Oceania Pty Ltd [2024] FCA 162 Environmental Group Ltd v Bowd [2019] FCA 951 Ermel v Duluxgroup (Australia) Pty Ltd (No 2) [2015] FCA 17 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Khiani v Australian Bureau of Statistics [2011] FCAFC 109 March v E & MH Stramare Pty Ltd [1991] HCA 1; (1991) 171 CLR 506 Messenger v Commonwealth of Australia (Represented by the Department of Finance) [2022] FCA 677 Monash Health v Singh [2023] FCAFC 166 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30; (1998) 195 CLR 1 PIA Mortgage Services Pty Ltd v King [2020] FCAFC 15; (2020) 274 FCR 225 Qantas Airways Ltd v Australian Licensed Aircraft Engineers' Association [2012] FCAFC 63; (2012) 202 FCR 244 Qantas Airways Ltd v Transport Workers Union of Australia [2023] HCA 27 Serpanos v Commonwealth of Australia [2022] FCA 1226 Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271 Walsh v Greater Metropolitan Cemeteries Trust (No 2) [2014] FCA 456 Wong v National Australia Bank Ltd [2021] FCA 671 Wong v National Australia Bank Ltd [2022] FCAFC 155
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