Wu v DSMJ Pty Ltd (No 2) [2024] FCA 1404

FEDERAL COURT OF AUSTRALIA Wu v DSMJ Pty Ltd (No 2) [2024] FCA 1404 Appeal from: Wu v DSMJ Pty Ltd [2023] FedCFamC2G 1056

File number: NSD 1449 of 2023

Judgment of: KENNETT J

Date of judgment: 6 December 2024

INDUSTRIAL LAW – claim for compensation arising out of termination of employment – claim that respondents engaged in adverse action against appellant because he exercised a workplace right (as the Fair Work Act 2009 (Cth) (FW Act) defines those terms) – where appellant was directed to be on-call – where appellant was offered extra remuneration for being on-call – where appellant did not wish to perform on-call duties – where appellant did not put in issue whether direction to be on-call was lawful – where appellant did not put in issue whether the termination of his employment was lawful – whether adverse action was taken because of appellant's exercise of a workplace right Catchwords: INDUSTRIAL LAW – whether insisting on compliance with a lawful direction can be undue influence or coercion within the meaning of ss 343-344 of the FW Act – whether appellant required to identify source of a workplace right INDUSTRIAL LAW – where appellant directed to be on-call – whether direction contravened s 62 of the FW Act because additional hours were unreasonable PRACTICE AND PROCEDURE – appeal from Federal Circuit and Family Court of Australia (Division 2) – where primary judge has decided issues as to liability but not penalty – whether decision interlocutory for the purposes of s 24(1A) of the Federal Court of Australia Act 1976 (Cth)