Recent Cases

Dutta v Telstra Corporation Limited [2019] FCAFC 103 (21 June 2019) (Logan, Flick and Reeves JJ)


INDUSTRIAL LAW – appeal from the Federal Court – where appellant is a litigant in person – where appellant was made involuntarily redundant – where appellant claims employer took adverse action against him because he exercised a workplace right – where appellant also sought a remedy in the Court for unfair dismissal – where appellant commenced proceedings in the Federal Court rather than in the Fair Work Commission – whether Federal Court can grant relief for unfair dismissal in the Federal Court – primary judge was correct in finding it did not have jurisdiction to entertain unfair dismissal claims – where, if the employer’s witnesses were believed, the appellant’s termination had nothing to do with his exercising workplace rights – where primary judge made findings about the credibility of witnesses – whether credibility findings should be displaced by an appellate court – where appellant claimed his employer’s witnesses gave untruthful evidence – where there was no evidence supporting this claim – appeal dismissed