Fox v The Royal Women's Hospital [2017] FCA 712

Fox v The Royal Women's Hospital [2017] FCA 712

An interim injunction was granted to preserve the status quo and prevent termination of employment, as there was an arguable case of breach of s 50 of the Fair Work Act 2009 (Cth) and risk of irreparable harm, pending a full interlocutory hearing.

Jurisdiction
Australia
Judgment Date
21 June 2017
Procedural Posture
Application for Urgent Interlocutory Injunction / Interim Injunction Granted; Matter Listed for Interlocutory Hearing
Outcome
Interim injunction granted; matter listed for further interlocutory hearing
Legal Topics
['interlocutory Injunctions' 'termination of Employment' 'enterprise Agreement Breaches']
['employment & Industrial Relations'] ['interlocutory Injunctions' 'termination of Employment' 'enterprise Agreement Breaches']

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Procedural Posture

Application for Urgent Interlocutory Injunction / Interim Injunction Granted; Matter Listed for Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the respondent breached s 50 of the Fair Work Act 2009 (Cth) by acting in breach of clause 11 of the AMA Victoria – Victoria Public Health Sector Medical Specialists Enterprise Agreement 2013' 'Whether an interlocutory injunction should be granted to restrain termination of employment']

Ratio Decidendi

An interim injunction was granted to preserve the status quo and prevent termination of employment, as there was an arguable case of breach of s 50 of the Fair Work Act 2009 (Cth) and risk of irreparable harm, pending a full interlocutory hearing.

Court Disposition

Interim injunction granted; matter listed for further interlocutory hearing

Orders

  • ['Up until 4 pm on 28 June 2017 the respondent is restrained from terminating the employment of the applicant and acting on the recommendation of the CEO including reaching a decision in principle to terminate employment.' 'By 12 pm on 26 June 2017 the respondent shall file and serve any material it seeks to rely on...