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Challinger v JBS Australia Pty Ltd [2014] FWC 7963 | Case summary | Zoe

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Home/Cases/[2014] FWC 7963

CTHFWC

Challinger v JBS Australia Pty Ltd [2014] FWC 7963

[2014] FWC 7963

Fair Work Commission|2014-12-15|Before: Commissioner Hampton

View original source

At a glance

Source facts

Court

Fair Work Commission

Decision date

2014-12-15

Before

Commissioner Hampton

Source

Original judgment source is linked above.

Plain-English guides

Unfair dismissal at the Fair Work Commission (Form F2)Australia (Commonwealth)
Recover unpaid wages through Fair Work Ombudsman and small claimsAustralia (Commonwealth)
Unfair deactivation for gig and employee-like workersAustralia (Commonwealth)

Judgment (16 paragraphs)

[1]

(#P29_1685) Scott Challinger v JBS Australia Pty Ltd .

[2014] FWC 4874

[2]

(#P52_6013) See Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 411 t 465 per McHugh and Gummow JJ.

[3]

(#P176_15609) Transcript - PN2696.

[4]

(#P219_21567) Closing submissions on behalf of the applicant - Transcript PN2484.

[5]

(#P232_22827) Cox v South Australian Meat Corporation (1995) 60 IR 293.

[6]

(#P242_23847) Thinh Nguyen and another v Vietnamese Community in Australia t/a Vietnamese Community Ethnic School South Australian Chapter [2014] FWCFB 7198.

[7]

(#P264_26584) AIRC Print Q1625, 5 June 1998, per Ross VP, Polites SDP and Hoffman C.

[8]

(#P285_29090) [2014] FWCFB 1949.

[9]

(#P298_30784) Supra at [49] to [51].

[10]

(#P299_30957) Supra at [60].

[11]

(#P302_31107) [2014] FWCFB 7198.

[12]

(#P314_33487) Exhibit R13.

[13]

(#P339_37017) Blackadder v Ramsay Butchering Services Pty Ltd [2005] HCA 22, see in particular McHugh J at par 14.

[14]

(#P352_39274) Kenley v JB Hi Fi AIRCFB, 22 June 2000) Print S7235 at [36]; Coal & Allied Mining Services Pty Ltd v Lawler [2011] FCAFC 54 and Lindsay Douglas Lawrence v Coal & Allied Mining Services Pty Ltd T/A Mt Thorley Operations/Warkworth [2010] FWAFB 10089.

[15]

(#P353_39626) Holcim (Australia) Pty Ltd v Mr Raimond Serafini [2011] FWAFB 7794.

[16]

(#P368_41048) Order PR558929.

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Challinger

Respondent/Defendant:

JBS Australia Pty Ltd [2014] FWC 7963

Legislation Cited (1)

Work Act 2009

Cases Cited (3)

(1997) 72 IR 186

(1995) 185 CLR 411

(1995) 60 IR 293

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