Premier Pet Pty Ltd trading as Bay Fish v Brown

Premier Pet Pty Ltd trading as Bay Fish filed an application for a stay of an order of a Federal Magistrate, which had ordered the reinstatement of Mr Adam Brown to his former employment. The Federal Magistrate had found that Premier Pet had contravened s 340(1) of the Fair Work Act 2009 (Cth) by dismissing Mr Brown on 15 July 2011. Mr Brown alleged that his dismissal was adverse action in contravention of s 340(1) of the Fair Work Act because he had chosen to exercise a workplace right. The Federal Magistrate found that Mr Brown's claim was substantiated insofar as he asserted that the reason or part of the reason for his termination was his right to refuse to work unreasonable overtime. The Federal Magistrate also found that reinstatement was an appropriate remedy in the circumstances.
The court was required to decide whether it should grant a stay of the order pending the hearing of the appeal. The court considered the relevant principles and the balance of convenience between the parties. The court noted that the appeal was listed for hearing in less than four weeks from the filing of the interlocutory application. The court also noted that Mr Brown was a bankrupt and would suffer financial hardship if the order was stayed. The court considered that the interests of justice favoured the preservation of the existing order in Mr Brown's favour, pending the hearing of the appeal.

The interlocutory application filed 13 December 2012 be dismissed with costs.