FEDERAL COURT OF AUSTRALIA
Shea v EnergyAustralia Services Pty Ltd [2014] FCAFC 167
Citation: Shea v EnergyAustralia Services Pty Ltd
[2014] FCAFC 167Appeal from: Shea v TRUenergy Services Pty Ltd (No 6)
[2014] FCA 271
Shea v Energy Australia Services Pty Ltd (No 7)
[2014] FCA 1091Parties: KATE SHEA v ENERGYAUSTRALIA SERVICES PTY LTD File number: VID 214 of 2014 Judges: RARES, FLICK & JAGOT JJ Date of judgment: 8 December 2014 Catchwords: INDUSTRIAL LAW – workplace rights – right to make a complaint – need for the complaint to be a genuine complaint
PRACTICE AND PROCEDURE – alleged failure to consider the entirety of the evidence – adverse inference from witnesses not called
Legislation: Fair Work Act 2009 (Cth) ss 3, 336, 340, 341, 342, 361, 570 Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, applied
Australian Securities and Investments Commission v Hellicar [2012] HCA 17, (2012) 247 CLR 345, cited
Board of Bendigo Regional Institute of Technical and Further Education v Barclay (No 1) [2012] HCA 32, (2012) 248 CLR 500, referred to
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41, (2014) 88 ALJR 980, referred to
Jones v Dunkel (1959) 101 CLR 298, considered
Jones v Queensland Tertiary Admissions Centre Ltd (No 2) [2010] FCA 399, (2010) 186 FCR 22, referred to
Shea v TruEnergy Services Pty Ltd (No 4) [2013] FCA 936, considered
Shea v TRUenergy Services Pty Ltd (No 6) [2014] FCA 271, affirmed
Shea v Energy Australia Services Pty Ltd (No 7) [2014] FCA 109, affirmedDate of hearing: 20 and 21 November 2014 Place: Sydney (via video link to Melbourne) (heard in Melbourne) Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 49 Counsel for the Appellant: Mr C Gunst QC with Mr R Millar Solicitor for the Appellant: K R Legal Counsel for the Respondent: Mr J Bourke QC with Mr P O'Grady Solicitor for the Appellant: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 214 of 2014
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KATE SHEA
AppellantAND: ENERGYAUSTRALIA SERVICES PTY LTD
Respondent
JUDGES:
RARES, FLICK & JAGOT JJ
DATE OF ORDER:
8 DECEMBER 2014
WHERE MADE:
SYDNEY (VIA VIDEO LINK TO MELBOURNE)
THE COURT ORDERS THAT:
1.The appeal be dismissed.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 214 of 2014
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KATE SHEA
AppellantAND: ENERGYAUSTRALIA SERVICES PTY LTD
Respondent
JUDGES:
RARES, FLICK & JAGOT JJ
DATE:
8 DECEMBER 2014
PLACE:
SYDNEY (VIA VIDEO LINK TO MELBOURNE) (HEARD IN MELBOURNE)
REASONS FOR JUDGMENT
THE COURT:
In January 2007, Ms Kate Shea commenced employment with EnergyAustralia Services Pty Ltd (“EnergyAustralia”) as the Director of Corporate…
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- Case
- [2014] FCAFC 167
- Decision Date
CaseChat Overview and Summary
The legal issues in this case centred around the interpretation of the Fair Work Act 2009, specifically whether the dismissal of Shea was unjustifiable under the act. The respondent argued that the primary judge failed to consider the entirety of the evidence and drew adverse inferences from witnesses that were not called. The respondent also argued that the primary judge erred in finding that the dismissal was unjustifiable because Shea's complaint was genuine.
The Full Court found that the primary judge had given detailed and careful consideration to the evidence presented and had not erred in their decision. The Full Court held that the complaint made by Shea was genuine and that the dismissal was therefore unjustifiable under the Fair Work Act 2009. The Full Court also found that there was no merit in the respondent's argument that adverse inferences should be drawn from witnesses that were not called. The appeal was dismissed, and the decision of the primary judge was upheld.
The Full Court made an order dismissing the appeal and noting that the entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. This decision highlights the importance of genuine complaints in the workplace and the need for employers to carefully consider the evidence before dismissing an employee for making such a complaint.
Orders
Orders of the court
1. The appeal be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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