Recent Cases

Monash Health v Singh [2023] FCAFC 166 (16 October 2023) (Katzmann, Snaden and Raper JJ)


INDUSTRIAL LAW – adverse action – appeal – where the respondent made a number of complaints and/or inquiries about his employment, commenced proceedings in the Fair Work Commission and took personal leave – where the respondent was found to have been dismissed from his employment in contravention of s 340(1) of Fair Work Act 2009 (Cth) – whether the primary judge erred in finding that the appellant bore the onus of proof in respect of a complaint that was not particularised until closing submissions – whether the primary judge erred in failing to separately assess whether the appellant had discharged its onus in respect of each of the alleged proscribed reasons – whether the primary judge erred in finding that the appellant had failed to rebut the statutory presumption in s 361 of the Act when the respondent had failed in his initiating process to identify the actual decision-maker(s) or allege that a particular person was the decision-maker or had had a material effect on the decision to dismiss – whether the primary judge erred in applying the wrong test to the determination of the appellant’s reason(s) for the dismissal – whether, despite error, the decision of the primary judge should not be disturbed – whether, in the event of error, the matter should be remitted

PRACTICE AND PROCEDURE – whether leave to appeal is required where the primary judge determined liability only and not relief