Matter:  FWCFB 7203
Hatcher VP, Clancy DP and Cirkovic C
TERMINATION OF EMPLOYMENT – valid reason – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant dismissed for seven allegations of serious misconduct – at first instance Commission found that all but one allegation had been confirmed and represented a valid reason for the appellant's dismissal – Commission found that the appellant's dismissal was unreasonable and unjust, and determined that the respondent should pay him $4,514 compensation – grounds for appeal included that the Commission made significant errors of fact, a significant error of law and that the effect of the decision was contrary to the public interest – appellant was challenging the Commission's decision not to reinstate him and submitted that the reasons for his dismissal were trifling, insignificant and absurd, did not constitute serious and wilful misconduct and should not stand as a template for future decisions – Coal & Allied considered – test under s.400 is stringent one – Full Bench not satisfied that the Commission's findings of misconduct constituted a significant error of fact – Full Bench satisfied that it was open to the Commission to find that the actions by the appellant in relation to a dispute were contrary to site practices and directions of his supervisor and thereby represented a valid reason for his dismissal – Full Bench did not consider it necessary for the Commission to have regard to ss.772(1)(d) and (e) of FW Act – Full Bench found that the effect of the Commission's decision did not prevent a form of freedom of association – not in the public interest to grant permission to appeal – permission to appeal refused.
Fair Work Division of the Federal Court of Australia
Application [NSD1978/2016] filed 17 November 2016 seeking relief under s.39B Judiciary Act 1903.
This matter is listed for interlocutory hearing on 4 May 2017. On 15 May 2017, Justice Katzmann dismissed the first respondent's interlocutory application for summary judgment filed on 31 March 2017 and the applicant was ordered to file and serve an amended originating application.
This matter was listed for hearing on 13 September 2017 before a single Judge of the Federal Court.
A single Judge of the Federal Court has handed down judgment in the above matter on 14 February 2018.
The Court has ordered that the application be dismissed. Judgment in the matter of costs was handed down on 23 March 2018. The applicant was ordered to pay the costs of the second respondent subject to the outcome of the pending notice of appeal filed 2 March 2018.
A Notice of Appeal was lodged against this matter on 2 March 2018.