On 9 February 2024 Judge Humphreys handed down his Honour’s decision in Chambers v Commonwealth of Australia (Bureau of Meteorology) [2024]FedCFamC2G 100. Ms Chambers established four contraventions of the Fair Work Act, being that:
- the Commonwealth (BOM) breached s. 340 of the Act by making her position excess in a restructure and again by her dismissal, with such actions taken because Ms Chambers exercised her workplace rights; and
- two breaches of the BOM’s enterprise agreement.
The matter demonstrates the importance of conducting a detailed examination of decision-makers' evidence in adverse action cases, and how an employer may not discharge its onus when such witnesses' evidence is unsatisfactory or unreliable.
6 St James Hall counsel Michael Whitbread, appeared for Ms Chambers, led by Tom Brennan SC and instructed by Maurice Blackburn Lawyers. Michael Whitbread also appeared for Ms Chambers in the matter in the Fair Work Commission before DP Beaumont in Jasmine Chambers v Commonwealth of Australia (Bureau of Meteorology) [2021] FWC 4622, who found that Ms Chambers had been dismissed by the Commonwealth (BOM).
The matter has been reported in the Sydney Morning Herald, Financial Review and The Saturday Paper.
Reasons for the decision in each matter can be found below.
Fair Work Commission decision.
Federal Circuit and Family Court of Australia, reasons for judgment.