Mahony v White [2016] FCAFC 160

Mahony v White [2016] FCAFC 160

Termination of employment in both cases was the deliberate act of the employer (CEO) and thus amounted to dismissal 'at the employer's initiative' under s 386(1)(a) of the Fair Work Act 2009 (Cth), enlivening the jurisdiction of the Fair Work Commission to determine unfair dismissal applications.

Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Judicial Review and Appeal / Full Court Decision on Jurisdictional Question
Outcome
Mahony v White: Decision of the Full Bench quashed and remitted for determination according to law. O'Connell proceeding: Application dismissed.
Legal Topics
['unfair Dismissal' "dismissal at Employer's Initiative" 'jurisdiction of Fair Work Commission' 'child Protection Legislation Impact on Employment']
['employment Law' 'industrial Relations'] ['unfair Dismissal' "dismissal at Employer's Initiative" 'jurisdiction of Fair Work Commission' 'child Protection Legislation Impact on Employment']

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Procedural Posture

Judicial Review and Appeal / Full Court Decision on Jurisdictional Question

Legal Issues

  1. 1 ["Whether termination of employment amounted to dismissal at the employer's initiative under s 386(1)(a) of the Fair Work Act 2009 (Cth)" 'Whether the Fair Work Commission had jurisdiction to hear applications for unfair dismissal' 'Effect of Child Protection (Working with Children) Act 2012 (NSW) s 9 on lawfulness of employment']

Ratio Decidendi

Termination of employment in both cases was the deliberate act of the employer (CEO) and thus amounted to dismissal 'at the employer's initiative' under s 386(1)(a) of the Fair Work Act 2009 (Cth), enlivening the jurisdiction of the Fair Work Commission to determine unfair dismissal applications.

Court Disposition

Mahony v White: Decision of the Full Bench quashed and remitted for determination according to law. O'Connell proceeding: Application dismissed.

Orders

  • ['Writs of certiorari issued to quash the Full Bench Fair Work Commission decision of 21 July 2015 (Mahony).' 'Writ of mandamus issued commanding the Full Bench to hear and determine the appeal according to law (Mahony).' "Application in NSD 609 of 2016 dismissed (O'Connell)."]