Curatolo v Skye Children's Co-Operative Ltd [2015] FCA 14

Curatolo v Skye Children's Co-Operative Ltd [2015] FCA 14

The application failed because the Court found that Dr Farrington and Ms Adderley alone made the dismissal decision on 15 April 2014, the decision was not predetermined, and the respondents proved that the applicant's union membership, union contact, attendance at a union meeting, and the union's exercise of right of entry on her behalf were not reasons for the termination. The dismissal was based on serious complaints about the applicant's conduct toward children and the decision-makers' loss of confidence in her as a carer.

Jurisdiction
Australia
Judgment Date
27 January 2015
Procedural Posture
Industrial Law Proceeding Alleging Unlawful Adverse Action Under Pt 3 1 of the Fair Work Act 2009 (cth) / Final Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['adverse Action' 'dismissal for Misconduct' 'union Membership' 'workplace Rights' 'right of Entry' 'reverse Onus Under Fair Work Act 2009 (cth) S 361']
['industrial Law' 'employment Law'] ['adverse Action' 'dismissal for Misconduct' 'union Membership' 'workplace Rights' 'right of Entry' 'reverse Onus Under Fair Work Act 2009 (cth) S 361']

Case Brief

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Procedural Posture

Industrial Law Proceeding Alleging Unlawful Adverse Action Under Pt 3 1 of the Fair Work Act 2009 (cth) / Final Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's dismissal was adverse action taken because she was a member of the union." "Whether the applicant's dismissal was adverse action taken because she contacted the union and attended a meeting with a union representative." "Whether the applicant's dismissal was adverse action taken because the union exercised a right of entry on her behalf." 'Whether the respondents discharged the onus under s 361 of the Fair Work Act 2009 (Cth) of proving that the alleged prohibited reasons were not reasons for the dismissal.' 'Whether the decision to dismiss was made by Dr Farrington and Ms Adderley on 15 April 2014, rather than predetermined by the committee or by Ms Huynh.']

Ratio Decidendi

The application failed because the Court found that Dr Farrington and Ms Adderley alone made the dismissal decision on 15 April 2014, the decision was not predetermined, and the respondents proved that the applicant's union membership, union contact, attendance at a union meeting, and the union's exercise of right of entry on her behalf were not reasons for the termination. The dismissal was based on serious complaints about the applicant's conduct toward children and the decision-makers' loss of confidence in her as a carer.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']