Federal Court of Australia
Federal Court of Australia Pilbrow v University of Melbourne [2024] FCA 1140 Appeal from: Pilbrow v University of Melbourne [2022] FedCFamC2G 1001
File number:
Judgment of: SNADEN J
Date of judgment: 30 September 2024
Catchwords: INDUSTRIAL LAW – employment – adverse action – appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) – where appellant dismissed purportedly for reasons of redundancy – where appellant was separately subjected to allegations of misconduct – whether primary judge erred by concluding that various personnel were not relevantly involved in making various decisions on behalf of the respondent employer – whether primary judge erred by concluding that evidence sufficed to permit identification of decision makers – whether primary judge erred by concluding that respondent employer had rebutted statutory presumption as to its reasons for acting – appeal allowed in part
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 360, 361, 539, 793 Federal Court of Australia Act 1976 (Cth) s 24
Allesch v Maunz (2000) 203 CLR 172 Australian Red Cross Society v Queensland Nurses' Union of Employees (2019) 273 FCR 332 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Construction, Forestry Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Ltd (2015) 253 IR 166 Construction, Forestry, Mining and Energy Union v Endeavour Coal (2015) 231 FCR 150 Cummins South Pacific Pty Ltd v Keenan (2020) 281 FCR 421 Elliot v Kodak Australasia Pty Ltd (2001) 129 IR 251 Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union (The Beams Lift Case) (No 2) [2024] FCA 779 Fair Work Ombudsman v Doll House Training Pty Ltd (No 2) [2024] FCA 811 Cases cited: Fox v Percy (2003) 214 CLR 118 General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 Lee v Lee (2019) 266 CLR 129 Minister for Immigration v SZVFW (2018) 264 CLR 541 Monash Health v Singh (2023) 327 IR 196 Qantas Airways Ltd v Transport Workers' Union of Australia (2022) 292 FCR 34 Qantas Airways Ltd v Transport Workers Union of Australia (2023) 412 ALR 134 Robinson Helicopter Co Inc v McDermott (2016) 90 ALJR 679 Serpanos v Commonwealth of Australia [2022] FCA 1226 TechnologyOne Ltd v Roohizadegan (2021) 309 IR 262 Wong v National Australia Bank Ltd (2022) 318 IR 148
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