Assi v Department of Climate Change, Energy, the Environment and Water [2022] FCA 1592

Assi v Department of Climate Change, Energy, the Environment and Water [2022] FCA 1592

The applicant established that there is a serious question to be tried concerning procedural compliance under the Enterprise Agreement and s 15 of the Public Service Act 1999 (Cth), that damages are not an adequate remedy for potential injury from termination, and that the balance of convenience favours preserving the applicant's employment until final determination; accordingly, interlocutory injunctive relief is granted restraining the respondents from taking steps to terminate the employment.

Parties
Applicant: Hanan Assi; First Respondent: Department of Climate Change, Energy, the Environment and Water; Second Respondent: Nathan Hannigan
Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted
Legal Topics
Fair Work Act Contravention, Injunctions, Probation Termination, Procedural Fairness, Enterprise Agreement Compliance
Employment Law Industrial Relations Practice and Procedure Fair Work Act Contravention Injunctions Probation Termination Procedural Fairness Enterprise Agreement Compliance

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Parties

Hanan Assi

Applicant

Department of Climate Change, Energy, the Environment and Water

First Respondent

Nathan Hannigan

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether interlocutory injunctive relief should be granted to restrain the respondents from terminating the applicant's employment
  2. 2 Whether there is a serious question to be tried of contravention of the Fair Work Act 2009 (Cth) or the Enterprise Agreement or contract of employment
  3. 3 Procedural adherence under s 15 of the Public Service Act 1999 (Cth)

Ratio Decidendi

The applicant established that there is a serious question to be tried concerning procedural compliance under the Enterprise Agreement and s 15 of the Public Service Act 1999 (Cth), that damages are not an adequate remedy for potential injury from termination, and that the balance of convenience favours preserving the applicant's employment until final determination; accordingly, interlocutory injunctive relief is granted restraining the respondents from taking steps to terminate the employment.

Court Disposition

Interlocutory injunction granted

Orders

  • The First and Second Respondents are restrained, whether by themselves, their employees, agents, or delegates, from taking any steps to terminate the Applicant's employment with the First Respondent.
  • Costs of the application for interlocutory relief be costs in the proceedings.