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ARTICLE · 07 NOVEMBER 2010

Court values non-pecuniary aspects of workplace

The recent Federal Court decision in Quinn v Overland [2010] FCA 799 highlights the increasing recognition placed by courts on the importance of the non-pecuniary aspects of a workplace to employees.

AustraliaEmployment and HR

The recent Federal Court decision in Quinn v Overland [2010] FCA 799 highlights the increasing recognition placed by courts on the importance of the non-pecuniary aspects of a workplace to employees.

In this case, Ms Quinn sought an injunction to prevent her employer from further suspending her from work, after already being suspended for seven months during an investigation into allegations of misconduct.

Justice Bromberg found that the employer had failed to act in accordance with statutory obligations under the Public Administration Act 2004 (Vic) and failed to afford Ms Quinn with procedural fairness in accordance with public sector employment principles.

The question was then whether the balance of convenience favoured the granting of the injunction.

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