Wang v MTC Australia Ltd [2018] FCA 1037

Wang v MTC Australia Ltd [2018] FCA 1037

The appeal was dismissed because no appellable error was shown in the primary Judge's finding that MTC Australia discharged the reverse onus and dismissed Ms Wang for the outcome of the investigation into her performance and behaviour, not because she made a workplace complaint, and the transcript did not establish a reasonable apprehension of bias. The cross-appeal was dismissed because, although Ms Wang's refusal of the settlement offers could enliven the costs discretion under s 570, MTC Australia did not show House v The King error in the primary Judge's decision to make no costs order below. Costs of the appeal were ordered against Ms Wang because the appeal had no reasonable...

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Appeal and Cross Appeal in an Adverse Action Proceeding Under the Fair Work Act 2009 (cth) / Appeal From Wang V MTC Australia Ltd [2017] FCCA 2840
Outcome
Appeal dismissed; cross-appeal dismissed; Appellant ordered to pay the Respondent's costs of the appeal other than costs incurred in respect of the cross-appeal.
Legal Topics
['adverse Action' 'workplace Rights' 'reverse Onus of Proof' 'termination of Employment' 'apprehended Bias' 'costs in Fair Work Proceedings' 'appeal From Discretionary Costs Order']
['industrial Law' 'employment Law' 'practice and Procedure'] ['adverse Action' 'workplace Rights' 'reverse Onus of Proof' 'termination of Employment' 'apprehended Bias' 'costs in Fair Work Proceedings' 'appeal From Discretionary Costs Order']

Case Brief

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Procedural Posture

Appeal and Cross Appeal in an Adverse Action Proceeding Under the Fair Work Act 2009 (cth) / Appeal From Wang V MTC Australia Ltd [2017] FCCA 2840

Legal Issues

  1. 1 ['Whether the primary Judge erred in concluding that Ms Wang was dismissed because of her performance and not because she exercised a workplace right by making a bullying and harassment complaint.' 'Whether MTC Australia discharged the reverse onus under s 361 of the Fair Work Act 2009 (Cth).' 'Whether the primary Judge exhibited a reasonable apprehension of bias.' 'Whether the primary Judge erred in ordering that there be no order as to costs in the Federal Circuit Court proceeding.' 'Whether costs of the appeal should be ordered against Ms Wang under s 570 of the Fair Work Act 2009 (Cth).']

Ratio Decidendi

The appeal was dismissed because no appellable error was shown in the primary Judge's finding that MTC Australia discharged the reverse onus and dismissed Ms Wang for the outcome of the investigation into her performance and behaviour, not because she made a workplace complaint, and the transcript did not establish a reasonable apprehension of bias. The cross-appeal was dismissed because, although Ms Wang's refusal of the settlement offers could enliven the costs discretion under s 570, MTC Australia did not show House v The King error in the primary Judge's decision to make no costs order below. Costs of the appeal were ordered against Ms Wang because the appeal had no reasonable...

Court Disposition

Appeal dismissed; cross-appeal dismissed; Appellant ordered to pay the Respondent's costs of the appeal other than costs incurred in respect of the cross-appeal.

Orders

  • ['The appeal is dismissed.' 'The cross-appeal is dismissed.' "The Appellant is to pay the Respondent's costs of the appeal, other than costs incurred in respect to the cross-appeal."]