Recent Cases

Parry v University of South Australia [2022] FCAFC 168 (29 September 2022) (Banks-Smith, O’Sullivan and Feutrill JJ)


Catchwords:


EMPLOYMENT LAW – appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) (FWA) – where primary judge found that the respondent terminated the applicant’s employment for reasons that did not include his possession or exercise of a workplace right to protect his health and safety in the workplace – where primary judge found that the respondent terminated the applicant’s employment because of his failure to perform his duties – where primary judge found the applicant’s failure to perform his duties did not constitute the exercise of a workplace right – whether primary judge erred in concluding that the reason for the employee’s dismissal was his failure to attend his duties and did not include any reason sanctioned by s 340 of the FWA – whether the primary judge had a conflict of interest or displayed actual or apprehended bias – whether the primary judge misused her advantage when making findings of fact based on the credibility of the applicant – no conflict of interest established – no actual or apprehended bias established – the primary judge did not misuse her advantage when making findings of fact based on the credibility of the applicant – appeal dismissed