Paula Lee and EnergyAustralia [2010] NSWIRComm 1016
The complaint made by Ms Lee about an unsafe workplace was not the substantial and operative cause of her redeployment; her redeployment occurred because the projects on which she was engaged had concluded and there was no further work available in her section; EnergyAustralia rebutted the presumption of victimisation under s.210(2) of the Industrial Relations Act 1996.
- Jurisdiction
- Australia
- Judgment Date
- 31 March 2010
- Procedural Posture
- Application for Relief From Victimisation / Final Decision
- Outcome
- application dismissed
- Legal Topics
- ['victimisation' 'redeployment' 'workplace Bullying' 'managerial Prerogative' 'industrial Relations Act 1996' 'occupational Health and Safety']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Relief From Victimisation / Final Decision
Legal Issues
- 1 ['Whether the applicant was victimised by the employer as a result of making a complaint about an unsafe workplace under section 210(1)(j) of the Industrial Relations Act 1996' 'Whether the redeployment of the applicant was substantially and operatively caused by the complaint about an unsafe workplace']
Ratio Decidendi
The complaint made by Ms Lee about an unsafe workplace was not the substantial and operative cause of her redeployment; her redeployment occurred because the projects on which she was engaged had concluded and there was no further work available in her section; EnergyAustralia rebutted the presumption of victimisation under s.210(2) of the Industrial Relations Act 1996.
Court Disposition
application dismissed
Orders
- ['Application for orders is dismissed.']
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