Flageul v WeDrive Pty Ltd [2021] FCAFC 102

Flageul v WeDrive Pty Ltd [2021] FCAFC 102

The Full Court dismissed the appeal because the primary judge's findings that Flageul was not dismissed for exercising workplace rights, nor subjected to oppression as a shareholder or director, were open on the evidence. The trial judge applied the correct legal tests for adverse action, oppression, and findings of fact, and made no appellable error.

Jurisdiction
Australia
Judgment Date
15 June 2021
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
['adverse Action' 'workplace Rights' 'oppression Remedy' 'findings of Fact on Appeal']
['industrial Law' 'corporations Law' 'employment Law'] ['adverse Action' 'workplace Rights' 'oppression Remedy' 'findings of Fact on Appeal']

Case Brief

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Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 ['Whether primary judge erred in dismissing adverse action claims under ss 340 and 358 of the Fair Work Act 2009 (Cth)' 'Whether primary judge erred in dismissing oppression claim under s 232 of the Corporations Act 2001 (Cth)' 'Whether findings of fact were glaringly improbable or unsustainable']

Ratio Decidendi

The Full Court dismissed the appeal because the primary judge's findings that Flageul was not dismissed for exercising workplace rights, nor subjected to oppression as a shareholder or director, were open on the evidence. The trial judge applied the correct legal tests for adverse action, oppression, and findings of fact, and made no appellable error.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'No order as to costs.']