McLoughlin v Randstad Pty Ltd [2021] FCAFC 160

McLoughlin v Randstad Pty Ltd [2021] FCAFC 160

The appeal was allowed because the primary judge's reasons were so inadequate that they failed to discharge the judicial function. The reasons did not set out the issues, the appellant's case, the respondent's defence, the narrative facts, the factual findings, the legal principles, or the application of law to facts. They addressed key matters only at a high level of generality, failed to engage with the statutory presumption and the appellant's manifestation-of-disability case, and did not provide a basis for appellate review. Given the need for credibility findings and factual findings that had not been made, the matter had to be remitted for rehearing before another judge.

Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Appeal From Decision of Federal Circuit Court Dismissing Claim Alleging Dismissal in Contravention of Fair Work Act 2009 (cth) / Appeal Allowed, Cross Appeal Dismissed, Notice of Contention Dismissed, and Matter Remitted for Rehearing Before Another Judge
Outcome
Appeal allowed; cross-appeal dismissed; amended notice of contention dismissed; matter remitted to the Federal Circuit Court for rehearing before another Judge; costs to be determined on written submissions.
Legal Topics
['adverse Action' 'workplace Rights' 'disability Discrimination' 'dismissal' 'adequacy of Reasons' 'judicial Duty to Give Reasons' 'remittal for Rehearing']
['employment and Industrial Relations' 'fair Work'] ['adverse Action' 'workplace Rights' 'disability Discrimination' 'dismissal' 'adequacy of Reasons' 'judicial Duty to Give Reasons' 'remittal for Rehearing']

Case Brief

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Procedural Posture

Appeal From Decision of Federal Circuit Court Dismissing Claim Alleging Dismissal in Contravention of Fair Work Act 2009 (cth) / Appeal Allowed, Cross Appeal Dismissed, Notice of Contention Dismissed, and Matter Remitted for Rehearing Before Another Judge

Legal Issues

  1. 1 ["Whether the primary judge failed to discharge the judicial task of providing adequate reasons for dismissing the appellant's Fair Work Act claim." "Whether the reasons sufficiently addressed the appellant's case that she was dismissed because she exercised a workplace right or because of conduct that was a manifestation of her mental disability." 'Whether the statutory presumption in s 361 of the Fair Work Act 2009 (Cth) was properly addressed by reference to the evidence and surrounding circumstances.' 'Whether the matter should be remitted for rehearing rather than determined by the Full Court on the existing record.']

Ratio Decidendi

The appeal was allowed because the primary judge's reasons were so inadequate that they failed to discharge the judicial function. The reasons did not set out the issues, the appellant's case, the respondent's defence, the narrative facts, the factual findings, the legal principles, or the application of law to facts. They addressed key matters only at a high level of generality, failed to engage with the statutory presumption and the appellant's manifestation-of-disability case, and did not provide a basis for appellate review. Given the need for credibility findings and factual findings that had not been made, the matter had to be remitted for rehearing before another judge.

Court Disposition

Appeal allowed; cross-appeal dismissed; amended notice of contention dismissed; matter remitted to the Federal Circuit Court for rehearing before another Judge; costs to be determined on written submissions.

Orders

  • ['Ground 1 in the Further Amended Notice of Appeal is upheld.' 'The Appeal is allowed.' 'The Cross-Appeal is dismissed, noting that the Order of dismissal is not to preclude the Respondent from re-agitating the issue raised in Ground 1 in the remittal ordered by the Court.' 'The Amended Notice of Contention is...