Larobina v Melbourne Health trading as Royal Melbourne Hospital [2024] FCA 1393

Larobina v Melbourne Health trading as Royal Melbourne Hospital [2024] FCA 1393 File number:

Judgment of: SNADEN J

Date of judgment: 5 December 2024

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – surgeon suspended from work pending investigation into allegations of misconduct – surgeon expressed concerns about work environment – change to roster shortly thereafter – attempts to resolve dispute – whether prima facie case can be made that roster alteration or suspension was occasioned by reasons proscribed by pt 3-1 of the Fair Work Act 2009 (Cth) – whether prima facie case can be made that suspension was effected in tortious breach of statutory duty imposed by Health Services Act 1988 (Vic) – whether balance of convenience favours grant of interlocutory relief – application dismissed

Constitution, s 109 Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 343, 360, 361, 570 Health Services Act 1988 (Vic) s 41

Auimatagi v Australian Building and Construction Commissioner (2018) 267 FCR 268 Bullock v FFTSA (1985) 5 FCR 464 Byrne v Australian Airlines Limited (1995) 185 CLR 410 Dixon v United Workers Union [2023] FCA 1526 Esso Australia Pty Ltd v Australian Workers' Union (2016) 245 FCR 39 Cases cited: Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 Martin v Western District of the Australian Coal and Shale Employees' Federation Workers' Industrial Union of Australia (Mining Department) (1934) 34 SR(NSW) 593 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 4) (2011) 203 FCR 293 Porter v OAMPS Ltd (2005) 215 ALR 327 United Firefighters' Union v Syme (No 2) [2024] FCA 510