Appeal, s.400, s.604, Unfair dismissal

See LToma v Workforce Recruitment and Labour Services Pty Ltd [2020] FCA 1102 (3 August 2020) Case is a starting point for how to interpret s.400 for unfair dismissal appeals. Paras [48]-[61] Also see Rabbi Pinchas Ash v Chabad Institutions of Victoria Limited [2020] FWCFB 4448 (3 September 2020) [29] We are satisfied that the grant […]

The ridiculous obstacles to appeals in the Fair Work Commission

In Coal & Allied Mining Services Pty Ltd v Lawler and others, Buchanan J (with whom Marshall and Cowdroy JJ agreed) characterised the test under s.400 as ‘a stringent one’. The Commission must not grant permission to appeal unless it considers that it is ‘in the public interest to do so’.The task of assessing whether […]

Fiddlesticks: even patent error not enough for Fair Work appeal

An appeal against a decision of a single member of the Fair Work Commission will only lie if the appeal bench (normally a Full Bench) if the appellant positively demonstrates that it is in the public interest for the appeal to be head. As a former Western Australian Chief Justice was fond of saying “that […]

Having a bob each way not good enough possibly; unfair dismissal

The need for employers to take care when assessing whether to dismiss an employee are evident in an appeal in the Fair Work Commission in Parmalat Food Products Pty Ltd v Tran (2015) FWCFB 7475 delivered 6 November 2015 per Watson VP, Hamilton DP and Johns C in which the Full Bench has granted an […]

Fair Work Commission appeals

It is reasonably rare for the Fair Work Commission’s appeal tribunal, called a Full Bench, to overturn a decision of a member of the Commission made on discretionary grounds. It is even rarer for a Full bench to uphold an appeal against a decision to grant an extension of time in which to make an […]

Appeal obstacles in the Fair Work Commission

The Fair Work Act contains a number of significant provisions which make it difficult to appeal  a Fair Work Commission decision (in addition to the ridiculous and stupid rules designed to discourage professional and legally trained practitioners from being involved in cases where they are wanted by their clients as a political reward by the […]