Recent Cases

Wong v National Australia Bank Limited [2022] FCAFC 155 (08 September 2022) (Katzmann, Charlesworth and O’Sullivan JJ)


EMPLOYMENT LAW – appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) – where primary judge found that an employer’s reasons for taking adverse actions against an employee did not include the fact that the employee had made complaints and inquiries about her employment – employer a corporation – where primary judge found that the employee’s immediate supervisor made a significant contribution to the employer’s decision – whether primary judge erred in concluding that it was unnecessary to interrogate the supervisor’s state of mind in considering whether the employer had discharged its burden of proof under s 361 – where primary judge held that the supervisor genuinely held opinions about the employee’s behaviour and performance – whether the primary judge erred in assessing the credit of the supervisor as a witness – whether the objective circumstances precluded a finding that the supervisor’s opinions were genuinely held – role of the Court on an appeal by way of rehearing in respect of factual findings based in part on impressions the primary judge formed of the supervisor as a witness