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[2016] FWCFB 1540
General information, not legal advice.
Fair Work Commission (Full Bench)
2016-03-23
Mr J
Original judgment source is linked above.
(#P33_1713) [2016] FWCFB 72.
(#P128_9966) ALH Group Pty Ltd trading as the Royal Exchange Hotel v Mulhall (2002) 117 IR 357 [51]. See also Smith v Moore Paragon Australia Ltd (PR915674) at [92]; Edwards v Giudice [1999] FCA 1836; (1999) 94 FCR 561 [6]‒[7].
(#P129_10395) [1995] HCA 24.
(#P140_12413) Per Moore J in Walton v Mermaid Dry Cleaners Pty Ltd (1996) 142 ALR 681, at 685: I should, however, make plain - and this has been made plain in many cases decided by this court- that it is not the court's function to stand in the shoes of the employer and determine whether or not the decision made by the employer was a decision that would be made by the court but rather it is for the court to assess whether the employer had a valid reason connected with the employee's capacity or conduct, and in these proceedings I have concluded it did.
Printed by authority of the Commonwealth Government Printer
(2002) 117 IR 357
(1999) 94 FCR 561
(1996) 142 ALR 681