He, in the matter of an application for Writs of Mandamus and Certiorari or Constitutional Relief against Lewin [2004] FCAFC 161

He, in the matter of an application for Writs of Mandamus and Certiorari or Constitutional Relief against Lewin [2004] FCAFC 161

The Commission failed to take into account a relevant consideration required by s 170CH(2)(c) of the Workplace Relations Act 1996 (Cth) in calculating compensation, amounting to jurisdictional error. Relief would be granted unless the employer pays the additional amount claimed, in which case the relief sought would be refused.

Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Application for Writs of Mandamus and Certiorari or Constitutional Relief / Judgment on Remittal From the High Court of Australia, Reviewing Commission and Full Bench Decisions
Outcome
Conditional; relief to be granted unless the additional sum is paid within 21 days, in which case orders sought are refused.
Legal Topics
['termination of Employment' 'unfair Dismissal' 'compensation Calculation' 'jurisdictional Error' 'remedies (mandamus, Certiorari)']
['industrial Relations' 'employment Law' 'administrative Law' 'constitutional Law'] ['termination of Employment' 'unfair Dismissal' 'compensation Calculation' 'jurisdictional Error' 'remedies (mandamus, Certiorari)']

Case Brief

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Procedural Posture

Application for Writs of Mandamus and Certiorari or Constitutional Relief / Judgment on Remittal From the High Court of Australia, Reviewing Commission and Full Bench Decisions

Legal Issues

  1. 1 ['Whether the Australian Industrial Relations Commission failed to consider the legality of termination' 'Whether the Commission had jurisdiction regarding alleged unlawful termination related to complaint or legal process' 'Whether transcript inaccuracies affect relief' 'Whether error was made in calculation of compensation under s 170CH(2)(c) Workplace Relations Act 1996 (Cth)' 'Whether common law damages rule for wrongful dismissal applies' 'Whether there was jurisdictional error or failure to consider a relevant consideration' 'Whether discretion should be exercised to refuse relief if compensation is paid']

Ratio Decidendi

The Commission failed to take into account a relevant consideration required by s 170CH(2)(c) of the Workplace Relations Act 1996 (Cth) in calculating compensation, amounting to jurisdictional error. Relief would be granted unless the employer pays the additional amount claimed, in which case the relief sought would be refused.

Court Disposition

Conditional; relief to be granted unless the additional sum is paid within 21 days, in which case orders sought are refused.

Orders

  • ['The application for an order nisi be granted.' 'If, within 21 days, the second respondent pays/tenders $13,000 to the applicant (less any required Tax Office remittance), and provides evidence to the District Registrar, the orders sought in the application be refused.' 'If payment is not made, the orders of...