Thacker v Airservices Australia [2024] FCA 1507

Thacker v Airservices Australia [2024] FCA 1507

There is a serious question to be tried both as to whether the applicant has passed a relevant medical examination and as to whether he meets the required Aviation Medical Certificate Class 2 standard. The balance of convenience, including the inadequacy of damages and personal hardship to the applicant, favours interlocutory reinstatement pending trial.

Parties
Applicant: Nick Thacker; Respondent: Airservices Australia
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Employment and Industrial Relations—application for Interlocutory Reinstatement / Interlocutory Application—orders for Reinstatement Prior to Final Hearing
Outcome
Interlocutory reinstatement ordered pending determination of the application.
Legal Topics
Dismissal Due to Disability, Interlocutory Injunctions, Fair Work Act, Medical Certification for Aviation Firefighters
Employment Law Industrial Relations Law Dismissal Due to Disability Interlocutory Injunctions Fair Work Act Medical Certification for Aviation Firefighters

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Parties

Nick Thacker

Applicant

Airservices Australia

Respondent

Procedural Posture

Employment and Industrial Relations—application for Interlocutory Reinstatement / Interlocutory Application—orders for Reinstatement Prior to Final Hearing

Legal Issues

  1. 1 Whether the applicant's dismissal contravened s 351 of the Fair Work Act 2009 (Cth) due to disability
  2. 2 Whether the applicant met the medical standard required for aviation firefighters under the Civil Aviation Safety Regulations 1988 (Cth) and associated Manual
  3. 3 Whether interlocutory reinstatement should be ordered

Ratio Decidendi

There is a serious question to be tried both as to whether the applicant has passed a relevant medical examination and as to whether he meets the required Aviation Medical Certificate Class 2 standard. The balance of convenience, including the inadequacy of damages and personal hardship to the applicant, favours interlocutory reinstatement pending trial.

Court Disposition

Interlocutory reinstatement ordered pending determination of the application.

Orders

  • The respondent reinstate the applicant to the employment he held before termination on 10 December 2024 until final hearing or further order.
  • The applicant be permitted to undertake the Aviation Rescue Fire Fighting Services Training Recruit Course RC102 commencing in January 2025 in Melbourne until final hearing or further order.