Edwards v Golden Cockerel Pty Ltd [2025] FCA 152

Edwards v Golden Cockerel Pty Ltd [2025] FCA 152

Golden Cockerel Pty Ltd had no case to answer with respect to claims under ss 340 and 351 of the Fair Work Act 2009 (Cth), as Ms Edwards' pleadings failed to disclose a cause of action and there was no admissible evidence to support the necessary elements of her claims. Consequently, the Amended Statement of Claim...

Source-derived case information.

Parties
Applicant: Leah Edwards; Respondent: Golden Cockerel Pty Ltd
Jurisdiction
Australia
Judgment Date
04 March 2025
Procedural Posture
Application for Civil Penalty (fair Work/industrial Law), Strike Out Application, No Case to Answer Application / Post Interlocutory; Ruling Following Hearing on No Case to Answer and Strike Out
Outcome
Applicant's amended application dismissed; Amended Statement of Claim struck out in its entirety; costs reserved
Legal Topics
Fair Work Act S 340, Fair Work Act S 351, Strike Out Pleadings, No Case to Answer, COVID 19 Vaccination Policy, Religious Discrimination, Adverse Action
Employment Law Industrial Law Civil Procedure Fair Work Act S 340 Fair Work Act S 351 Strike Out Pleadings No Case to Answer COVID 19 Vaccination Policy +2 more

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Summary, issues, holding and outcome

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Parties

Leah Edwards

Applicant

Golden Cockerel Pty Ltd

Respondent

Procedural Posture

Application for Civil Penalty (fair Work/industrial Law), Strike Out Application, No Case to Answer Application / Post Interlocutory; Ruling Following Hearing on No Case to Answer and Strike Out

Legal Issues

  1. 1 Whether respondent required to elect whether to call evidence before making no case to answer application
  2. 2 Whether respondent had a case to answer in respect of substantive application under ss 340 and 351 of the Fair Work Act 2009 (Cth)
  3. 3 Whether parts or entirety of the applicant's amended statement of claim should be struck out for want of evidence

Ratio Decidendi

Golden Cockerel Pty Ltd had no case to answer with respect to claims under ss 340 and 351 of the Fair Work Act 2009 (Cth), as Ms Edwards' pleadings failed to disclose a cause of action and there was no admissible evidence to support the necessary elements of her claims. Consequently, the Amended Statement of Claim should be struck out in its entirety and the substantive application dismissed.

Court Disposition

Applicant's amended application dismissed; Amended Statement of Claim struck out in its entirety; costs reserved

Orders

  • There is no case to answer by Golden Cockerel Pty Ltd in respect of ss 340 and 351 of the Fair Work Act 2009 (Cth).
  • The Amended Application filed on 14 October 2022 by the applicant is dismissed.