Fletcher v Metropolitan Fire and Emergency Services Board (No 2) [2013] FCA 118

Fletcher v Metropolitan Fire and Emergency Services Board (No 2) [2013] FCA 118

The application should be stayed because the applicant has unreasonably refused to comply with a reasonable request by the respondent to attend a psychiatric consultation relevant to issues in the proceedings.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Application / Ruling on Interlocutory Application for Stay
Outcome
Application stayed pending compliance.
Legal Topics
['adverse Action' 'discrimination' 'enterprise Agreement' 'fair Work Act 2009 (cth)' 'stay of Proceedings']
['employment Law'] ['adverse Action' 'discrimination' 'enterprise Agreement' 'fair Work Act 2009 (cth)' 'stay of Proceedings']

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Procedural Posture

Application / Ruling on Interlocutory Application for Stay

Legal Issues

  1. 1 ["Whether the application should be stayed pending the applicant's compliance with a reasonable request to attend a psychiatric consultation" "Whether the respondent is entitled to psychiatric evidence regarding the applicant's PTSD and its effect on employment duties"]

Ratio Decidendi

The application should be stayed because the applicant has unreasonably refused to comply with a reasonable request by the respondent to attend a psychiatric consultation relevant to issues in the proceedings.

Court Disposition

Application stayed pending compliance.

Orders

  • ['The application is stayed.' 'Costs be reserved.']