Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074

Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074

The applicant established a prima facie case that the timing of his dismissal was influenced by a substantial and operative reason to prevent him from making an unfair dismissal claim under the FW Act, amounting to adverse action contrary to s 340(1). The balance of convenience favoured his interim reinstatement because he faced significant financial hardship, and damages would not be an adequate remedy; the respondent’s concerns could be addressed by standing the applicant down or requiring him to work from home.

Parties
Prospective Applicant: Gary Kamalle Dabboussy; Prospective Respondent: Australian Federation of Islamic Councils
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Application for Interim Relief (employment) / Interlocutory; Application for Interim Order for Reinstatement Pending Final Hearing
Outcome
Interim order for reinstatement granted
Legal Topics
Interlocutory Relief, General Protections, Adverse Action, Reinstatement, Summary Dismissal
Industrial Law Employment Law Interlocutory Relief General Protections Adverse Action Reinstatement Summary Dismissal

Case Brief

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Parties

Gary Kamalle Dabboussy

Prospective Applicant

Australian Federation of Islamic Councils

Prospective Respondent

Procedural Posture

Application for Interim Relief (employment) / Interlocutory; Application for Interim Order for Reinstatement Pending Final Hearing

Legal Issues

  1. 1 Whether the applicant established a prima facie case of contravention of s 340(1) of the Fair Work Act 2009 (Cth)
  2. 2 Whether the timing of the applicant's dismissal was to prevent the exercise of a workplace right
  3. 3 Whether the balance of convenience favours an interim order for reinstatement

Ratio Decidendi

The applicant established a prima facie case that the timing of his dismissal was influenced by a substantial and operative reason to prevent him from making an unfair dismissal claim under the FW Act, amounting to adverse action contrary to s 340(1). The balance of convenience favoured his interim reinstatement because he faced significant financial hardship, and damages would not be an adequate remedy; the respondent’s concerns could be addressed by standing the applicant down or requiring him to work from home.

Court Disposition

Interim order for reinstatement granted

Orders

  • The respondent reinstate the applicant to his former employment on the same terms and conditions as prior to his dismissal until further order.
  • The respondent is restrained from terminating the applicant's employment without leave of the Court until further order.