Federal Court of Australia
Federal Court of Australia
Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074 File number: NSD 1231 of 2024
Judgment of: NICHOLAS J
Date of judgment: 17 September 2024
Catchwords: INDUSTRIAL LAW – where applicant summarily dismissed from his employment for serious misconduct – where applicant seeks interim order for reinstatement pursuant to s 545 of Fair Work Act 2009 (Cth) ("FW Act") – whether applicant demonstrated a prima facie case of contravention of s 340 of FW Act – whether timing of decision to summarily terminate respondent by applicant influenced by respondent's desire to deny applicant opportunity to make a claim for unfair dismissal under Part 3-2 of the FW Act – whether balance of convenience favoured making of interim order for reinstatement PRACTICE AND PROCEDURE – whether interim order for reinstatement pursuant to s 545 of FW Act should be made Held: interim order reinstatement made
Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) ss 23, 340(1), 341(1), Part 3-2, 545 Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) r 7.01
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Miller v Australian Industrial Relations Commission (2001) 108 FCR 192 Qantas Airways Limited v Transport Workers Union of Australia (2023) 412 ALR 134 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238 Warner-Lambert Co LLC v Apotex Pty Ltd (2014) 311 ALR 632
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