Cruickshank v Priceline Pty Ltd
Mr Cruickshank was employed with Priceline from 28 April 2003 until being made redundant on 3 November 2006. The matter did not resolve at conciliation, and proceeded to an arbitration hearing at which Mr Cruickshank was represented by AWNA.
On 17 April 2007 Commissioner Eames handed down a decision stating that the Applicant had been dismissed for genuine operational reasons, and dismissed Mr Cruickshank’s application.
AWNA briefed in counsel, and lodged an appeal against Commissioner Eames’ decision. Mr Borenstein represented Mr Cruickshank at the appeal on 18 June 2007. On 27 June 2007 a decision was handed down, allowing Mr Cruickshank’s appeal. The matter was ordered to be reheard.
Mr Cruickshank’s application was reheard on 8, 9 and 12 of October 2012. On 14 December 2007 Commissioner Lewin handed down a decision stating that the Applicant’s dismissal was for genuine operational reasons, and dismissed the Application.
This decision is now quoted in several law textbooks.
Source: https://www.fwc.gov.au/decisionssigned/html/2007airc292.htm
Source: https://www.fwc.gov.au/decisionssigned/html/2007aircfb513.htm
