Rumble v The Partnership trading as HWL Ebsworth Lawyers [2019] FCA 1409

Rumble v The Partnership trading as HWL Ebsworth Lawyers [2019] FCA 1409

The Firm discharged its onus of proving that the applicant was not dismissed, deprived of work, excluded from the Christmas Party, or denied the gift card for a prohibited reason. The termination was because the applicant repeatedly disobeyed a reasonable direction and media policy not to criticise the Firm's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Fair Work Division Employment and Industrial Relations Proceeding Alleging Adverse Action and Breach of Contract / Final Judgment After Trial
Outcome
Application dismissed.
Legal Topics
['adverse Action' 'workplace Rights' 'political Opinion Discrimination' 'termination of Casual Employment' 'media Policy and Criticism of Clients' 'implied Duty to Co Operate or Good Faith' 'fair Work Act 2009 (cth) S 351(2)(a)' 'place Where Action Is Taken']
['industrial Law' 'employment and Industrial Relations' 'contracts' 'statutory Interpretation'] ['adverse Action' 'workplace Rights' 'political Opinion Discrimination' 'termination of Casual Employment' 'media Policy and Criticism of Clients' 'implied Duty to Co Operate or Good Faith' 'fair Work Act 2009 (cth) S 351(2)(a)' 'place Where Action Is Taken']

Source-derived case record

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Procedural Posture

Fair Work Division Employment and Industrial Relations Proceeding Alleging Adverse Action and Breach of Contract / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether the respondent dismissed the applicant because he made inquiries about his contractual entitlement to a 5% annual remuneration increase.' 'Whether the respondent dismissed the applicant, reduced his work, disinvited him from the 2016 Canberra Christmas Party, or denied him a gift card because of his political opinion.' "Whether the respondent's media policy unlawfully discriminated against the applicant on the basis of political conviction under the Discrimination Act 1991 (ACT)." 'Whether, for Fair Work Act 2009 (Cth) s 351(2)(a), dismissal because of political opinion would have been not unlawful in the place where the action was taken.' 'Whether the employment contract contained and breached an implied term of good faith or duty to co-operate.']

Ratio Decidendi

The Firm discharged its onus of proving that the applicant was not dismissed, deprived of work, excluded from the Christmas Party, or denied the gift card for a prohibited reason. The termination was because the applicant repeatedly disobeyed a reasonable direction and media policy not to criticise the Firm's clients, together with the Firm's view of his limited value and its contractual right to terminate without cause on three months' notice. The 5% pay inquiry brought the applicant back to the managing partner's attention but was not the substantive reason for termination. The work reduction and Christmas Party exclusion were not because of political opinion or the pay inquiry, and the...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'No order as to costs.']