Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014

Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014

Mr Scott's dismissal was materially affected by prohibited reasons related to his union activities by an assessor involved in the redundancy assessment process; thus, Clermont Coal failed to discharge the onus under s 361 and contravened ss 340 and 346 of the Fair Work Act 2009 (Cth).

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Civil / Final Judgment
Outcome
Declaration that Mr Scott was dismissed in contravention of ss 340 and 346 of the Fair Work Act 2009 (Cth); orders as to relief to be determined after further submissions.
Legal Topics
['adverse Action' 'workplace Rights' 'industrial Activities' 'redundancy' 'reverse Onus' 'fair Work Act 2009 (cth)']
['industrial Law'] ['adverse Action' 'workplace Rights' 'industrial Activities' 'redundancy' 'reverse Onus' 'fair Work Act 2009 (cth)']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether respondent contravened ss 340 and 346 of the Fair Work Act 2009 (Cth) by dismissing Mr Scott' "Who made the decision to terminate the employee's employment" 'Whether the proscribed reasons were a substantial and operative reason' 'Whether the respondent discharged the reverse onus in s 361 of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

Mr Scott's dismissal was materially affected by prohibited reasons related to his union activities by an assessor involved in the redundancy assessment process; thus, Clermont Coal failed to discharge the onus under s 361 and contravened ss 340 and 346 of the Fair Work Act 2009 (Cth).

Court Disposition

Declaration that Mr Scott was dismissed in contravention of ss 340 and 346 of the Fair Work Act 2009 (Cth); orders as to relief to be determined after further submissions.

Orders

  • []