Vukovic v Myer Pty Ltd

Case

[2014] FCCA 985

2 June 2014


Details
AGLC Case Decision Date
Vukovic v Myer Pty Ltd [2014] FCCA 985 [2014] FCCA 985 2 June 2014

CaseChat Overview and Summary

In *Vukovic v Myer Pty Ltd*, heard before Judge Cameron in the Federal Court of Australia, the applicant, Ms Vukovic, alleged that Myer Pty Ltd had taken adverse action against her for a prohibited reason, contrary to the *Fair Work Act 2009* (Cth). The dispute centred on Ms Vukovic's dismissal from her employment.

The primary legal issue before the Court was whether the adverse action taken against Ms Vukovic was for a prohibited reason under the *Fair Work Act 2009*. Specifically, the Court was required to determine if her dismissal was motivated by a reason prohibited by the Act, such as discrimination or exercising a workplace right. The Court also considered whether the *Disability Discrimination Act 1992* (Cth), the *Sex Discrimination Act 1984* (Cth), and the *Australian Human Rights Commission Act 1986* (Cth) constituted "workplace laws" for the purposes of the *Fair Work Act 2009*.

Judge Cameron reasoned that the *Disability Discrimination Act 1992*, the *Sex Discrimination Act 1984*, and the *Australian Human Rights Commission Act 1986* are not workplace laws within the meaning of the *Fair Work Act 2009*. The Court found that the adverse action taken against Ms Vukovic was not for a prohibited reason under the *Fair Work Act 2009*.

Consequently, the Court dismissed Ms Vukovic's application.
Details

Areas of Law

  • Employment Law

  • Statutory Interpretation

Legal Concepts

  • Breach

  • Jurisdiction

  • Statutory Construction

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Cases Citing This Decision

1

Cases Cited

9

Statutory Material Cited

6