Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 2) [2017] FCA 852

Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 2) [2017] FCA 852

The claim against UTHSAC was dismissed because Ms Walsh had already made an unfair dismissal application under s 394 of the Fair Work Act 2009 (Cth), so s 725 prevented a further application in relation to the dismissal, which was the only victimisation alleged against UTHSAC. As against Mrs Larkins, Ms Walsh proved protected disclosures concerning the Ward Street property and SAPOL lie, the shade cloth invoice and the Toyota Prado purchase, but not Ms Ackland's remote working arrangements. Most alleged victimising acts were not proven or not shown to be authorised by or causally connected to Mrs Larkins. The roadhouse incident was proven: Mrs Larkins physically contacted Ms Walsh and...

Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Application for Compensation for Alleged Victimisation Under Pt 10 5 of the Corporations (aboriginal and Torres Strait Islander) Act 2006 (cth) / Judgment After Trial
Outcome
Application against the first respondent dismissed; application against the second respondent allowed; compensation awarded against the second respondent only.
Legal Topics
['whistleblower Protection' 'victimisation' 'protected Disclosures' 'unfair Dismissal and Multiple Actions' 'compensation for Non Economic Loss']
['corporations' 'employment and Industrial Relations'] ['whistleblower Protection' 'victimisation' 'protected Disclosures' 'unfair Dismissal and Multiple Actions' 'compensation for Non Economic Loss']

Case Brief

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Procedural Posture

Application for Compensation for Alleged Victimisation Under Pt 10 5 of the Corporations (aboriginal and Torres Strait Islander) Act 2006 (cth) / Judgment After Trial

Legal Issues

  1. 1 ['Whether the claim against UTHSAC was prevented by s 725 of the Fair Work Act 2009 (Cth) because Ms Walsh had made an unfair dismissal application in relation to the same dismissal.' 'Whether Ms Walsh made disclosures qualifying for protection under s 466-1 of the CATSI Act.' 'Whether Mrs Larkins did, or authorised the doing of, the alleged acts of victimisation.' 'Whether any proven acts contravened s 469-5 of the CATSI Act because they were done because Ms Walsh made protected disclosures.' 'Whether Ms Walsh suffered compensable loss under s 469-10 of the CATSI Act.']

Ratio Decidendi

The claim against UTHSAC was dismissed because Ms Walsh had already made an unfair dismissal application under s 394 of the Fair Work Act 2009 (Cth), so s 725 prevented a further application in relation to the dismissal, which was the only victimisation alleged against UTHSAC. As against Mrs Larkins, Ms Walsh proved protected disclosures concerning the Ward Street property and SAPOL lie, the shade cloth invoice and the Toyota Prado purchase, but not Ms Ackland's remote working arrangements. Most alleged victimising acts were not proven or not shown to be authorised by or causally connected to Mrs Larkins. The roadhouse incident was proven: Mrs Larkins physically contacted Ms Walsh and...

Court Disposition

Application against the first respondent dismissed; application against the second respondent allowed; compensation awarded against the second respondent only.

Orders

  • ['The application against the first respondent is dismissed.' 'The application against the second respondent is allowed.' 'The second respondent is to pay compensation to the applicant in the amount of $6,583.22, inclusive of interest.']