Federal Court of Australia
Federal Court of Australia
Parsons v Serco Citizen Services Pty Limited [2024] FCA 754 File number: QUD 270 of 2022
Judgment of: RANGIAH J
Date of judgment: 11 July 2024
Catchwords: INDUSTRIAL LAW – unlawful termination – whether the respondent contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action against the applicant because he exercised workplace rights by making complaints – where the applicant's employment was terminated following complaints made against him by another employee and by him against his managers – whether the applicant's complaints were a substantial or operative reason for the adverse action taken – finding that the respondent took adverse action against the applicant by terminating his employment because he had exercised his workplace right of making a complaint
Legislation: Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) ss 340, 340(1), 341, 341(1), 342(1), 343(1), 351(1), 360, 361, 545, 547, 793(1), 793, Div 3 of Pt 3–1 and Pt 3–1 of Ch 3 Federal Court of Australia Act 1976 (Cth) s 51A Industrial Relations Act 1988 (Cth) s 170EE
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Aitken v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia — Western Australian Branch (1995) 63 IR 1 Alam v National Australia Bank Ltd (2021) 288 FCR 301 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (2011) 193 FCR 526 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Briginshaw v Briginshaw (1938) 60 CLR 336 Browne v Dunn (1893) 6 R 67 Burazin v Blacktown City Guardian Pty Ltd (1996) 142 ALR 144; [1996] IRCA 606 Cigarette & Gift Warehouse Pty Ltd v Whelan (2019) 268 FCR 46 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd (2015) 238 FCR 273 Dafallah v Fair Work Commission (2014) 225 FCR 559 Jones v Queensland Tertiary Admissions Centre Ltd (No 2) (2010) 186 FCR 22 Lamont v University of Queensland (No 2) [2020] FCA 720 Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120 Qantas Airways Ltd v Transport Workers' Union of Australia (2023) 412 ALR 134; [2023] HCA 27 Tasman Capital Pty Ltd v Sinclair (2008) 75 NSWLR 1 Whelan v Cigarette & Gift Warehouse Pty Ltd (2017) 275 IR 285; [2017] FCA 1534 Wong v National Australia Bank Ltd [2021] FCA 671 Wong v National Australia Bank Ltd (2022) 318 IR 148; [2022] FCAFC 155
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