Federal Circuit AND FAMILY Court of Australia
(DIVISION 2)
Singh v Monash Health [2022] FedCFamC2G 229
File number(s): MLG 1220 of 2020 Judgment of: JUDGE RILEY Date of judgment: 1 April 2022 Catchwords: INDUSTRIAL LAW – Fair Work – adverse action – dismissal of medical librarian following a restructure in which his position was removed – whether the restructure, without the applicant’s position, was necessary to modernise the library – whether the restructure and the applicant’s eventual dismissal were because the applicant complained, took proceedings in the Fair Work Commission and took personal leave. Legislation: Fair Work Act 2009, ss.340, 341, 342, 360 and 361 Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500; (2012) 290 ALR 647; (2012) 86 ALRJ 1044; (2012) 220 IR 445; [2012] HCA 32
Elliott v Kodak Australasia Pty Ltd (2001) 129 IR 251; [2001] FCA 1804
Leahey v CSG Business Solutions (Aus) Pty Ltd [2017] FCA 1098
TechnologyOne Limited v Roohizadegan (2021) 309 IR 262; [2021] FCAFC 137
Transport Workers' Union of Australia v Qantas Airways Ltd (2021) 308 IR 244; [2021] FCA 873Division Division 2 General Federal Law Number of paragraphs: 204 Date of hearing: 27 July 2021; 15, 16 and 17 February 2022 Place: Melbourne Counsel for the Applicant: Geoff Lake Solicitor for the Applicant: Jewell Hancock Employment Lawyers Counsel for the Respondent: Jack Tracey Solicitor for the Respondent: Victorian Government Solicitor’s Office ORDERS
MLG 1220 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: HARENDRA SINGH
ApplicantAND: MONASH HEALTH (ABN 82 142 080 338)
Respondent
order made by:
JUDGE RILEY
DATE OF ORDER:
1 APRIL 2022
THE COURT DECLARES THAT:
1.The respondent contravened s.340(1)(a)(ii) of the Fair Work Act 2009 (“the Act”) by dismissing the applicant because he had exercised his workplace rights to make a complaint in relation to his employment, filed a proceeding in the Fair Work Commission and took leave.
THE COURT ORDERS THAT:
2.The questions of the quantum of any compensation, and the quantum of any penalty, be addressed by the parties at a further hearing.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE RILEY:
introduction
This is an adverse action claim brought under the Fair Work Act 2009 (“the Act”). From 1996, the applicant (“Mr Singh”), was employed in the medical library of the respondent (“Monash Health”). Monash Health is the largest health service provider in Victoria, and has about 20,000 employees, many of whom are doctors or other health professionals. Mr Singh was first employed…
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- AGLC
- Singh v Monash Health [2022] FedCFamC2G 229
- Case
- [2022] FedCFamC2G 229
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CaseChat Overview and Summary
The court examined the reasoning process employed by each person involved in the decision to determine whether their reasoning processes were free of the alleged proscribed reasons. It found that if one or more of the reasons employed by one or more of them was a proscribed reason, it would impugn the ultimate decision. The court noted that the authorities place the relevant focus on the reasoning process that led to the ultimate decision, and that where the reasoning process is dispersed through an assessment process involving a number of persons, the task is much more complicated. In such a case, examination is to take place of the reasoning process of each person whose involvement had a material effect on the ultimate decision. This relevant inquiry focuses on the “conscious reasoning processes of those who had a material effect on the ultimate outcome to determine whether their reasoning processes were free of the alleged prohibited reason or reasons.”
The court concluded that the decision to dismiss was made by Ms Anderson, and that Dr Johnson's motivations behind the library restructure could not be considered in assessing whether the dismissal constituted adverse action for a proscribed reason. The court found that the dismissal was not adverse action for a proscribed reason, and that Monash Health was not liable to pay compensation to Mr Singh. The court also found that Dr Johnson was not a decision-maker in the dismissal process, and that Monash Health was not estopped from asserting this position.
The court ordered that Monash Health was not liable to pay compensation to Mr Singh, and that Dr Johnson was not a decision-maker in the dismissal process. The court further ordered that Monash Health was not estopped from asserting that Dr Johnson was not a decision-maker.
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