Haros v Linfox [2011] FCA 699 (22 June 2011)
The Federal Court of Australia recently dismissed a case brought
by a former business manager against Linfox Australia Pty Limited
('Linfox') alleging he was misled during
the recruitment process about the longevity and nature of his
role.
In rejecting the claims against Linfox for misleading and
deceptive conduct, Justice Tracey relied heavily on the contract of
employment agreed by the parties.
The case
Mr Haros, was engaged as the Business Manager of Avalon Airport
from November 2008. In March 2009 he was terminated by Linfox for
the stated reason of redundancy (although in the course of
proceedings Linfox admitted terminating his employment for
unsatisfactory performance, but thought redundancy was an easier
way to end his employment). Mr Haros complained that Linfox and its
former general manager at Avalon had, in the course of negotiating
his contract of employment, contravened the Trade Practices Act
1974 (Ct
