Khiani v Australian Bureau of Statistics [2011] FCAFC 109

Khiani v Australian Bureau of Statistics [2011] FCAFC 109

The appellant failed to establish that the adverse actions (preliminary decision and termination) were taken because of workplace rights related to leave; the certified agreement continued by operation of transitional legislative provisions, and procedural or substantive defects in respondent actions did not establish the necessary causal link required for general protections applications under Pt 3-1. The respondent sufficiently discharged the onus of proof on causation, and the appeal must fail.

Jurisdiction
Australia
Judgment Date
24 August 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['general Protections Application' 'adverse Action' 'workplace Rights' 'dismissal' 'certified Agreement' 'costs']
['industrial Law'] ['general Protections Application' 'adverse Action' 'workplace Rights' 'dismissal' 'certified Agreement' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Was there a causal connection between adverse action and the exercise or existence of a workplace right?' "Was the appellant's dismissal due to her being on sick leave?" "Was the respondent's action unlawful due to the expiry of the ABS Certified Agreement?" "Can actions prior to the Fair Work Act's commencement be relied upon?"]

Ratio Decidendi

The appellant failed to establish that the adverse actions (preliminary decision and termination) were taken because of workplace rights related to leave; the certified agreement continued by operation of transitional legislative provisions, and procedural or substantive defects in respondent actions did not establish the necessary causal link required for general protections applications under Pt 3-1. The respondent sufficiently discharged the onus of proof on causation, and the appeal must fail.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'There be no order as to the costs of the appeal.']