INDUSTRIAL LAW – unlawful termination – whether the respondent contravened s 772(1) of the Fair Work Act 2009 (Cth) (FWA) by terminating the applicant’s employment for reasons including political opinion, race or national extraction – whether s 772(1) should be construed similarly to Part 3-1 of the FWA – what constitutes “political opinion” – whether s 772(1)(f) protects the expression, as well as the holding, of political opinion – whether the findings of the Fair Work Commission give rise to an issue estoppel – whether there was a termination of the employment contract or of the employment relationship – whether termination of the employment relationship constitutes termination under s 772(1) – where the employer had an obligation to provide work – where a substantial and operative reason of the relevant decision maker was the applicant’s holding of a political opinion – compensation awarded for non-economic loss under s 545 of the FWA INDUSTRIAL LAW – whether disciplinary action taken by the respondent breached the Enterprise Agreement – where the respondent made an allegation of misconduct – where the applicant was not notified or given an opportunity to respond – denial of procedural fairness required by the Enterprise Agreement – applicant dismissed when no grounds for dismissal – contravention of s 50 of the FWA
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0669For more information, see the original judgement.
