INDUSTRIAL LAW - Fair Work Act 2009 (Cth) - workplace rights and responsibilities - general protections - adverse action - whether adverse action taken for prohibited reason - prejudicial alteration of position - whether Jones v Dunkel (1959) 101 CLR 298 inference could be drawn in relation to alleged failure of respondent to call certain evidence - relevant decision-makers called by employer - Jones v Dunkel inapplicable
APPEAL AND NEW TRIAL - appeal from Federal Circuit Court of Australia - rehearing - trial judge's assessment of credibility of witnesses - applicable principles in respect of exercise of appellate jurisdiction in relation to credibility assessment
COSTS - procedural fairness - departure by court from understanding engendered in parties by representation of judge's associate - resultant denial of procedural fairness
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