Liongson v Olims Canberra Hotel [2009] FCA 1291

Liongson v Olims Canberra Hotel [2009] FCA 1291

The Federal Magistrate erred in treating the finding that Mr Liongson was not dismissed as depriving the Court of jurisdiction, because jurisdiction was conferred by s 663 of the Workplace Relations Act 1996 (Cth). However, given that an essential element of the claim was not made out, dismissal of the application was substantively appropriate and final. The effect of the orders was therefore final and Mr Liongson was entitled to appeal as of right, so leave was granted to file a Notice of Appeal.

Jurisdiction
Australia
Judgment Date
11 November 2009
Procedural Posture
Application for Leave to Appeal From an Order of a Federal Magistrate Dismissing an Unlawful Termination Application / Leave to File and Serve a Notice of Appeal
Outcome
The applicant/appellant was granted leave to file and serve a Notice of Appeal.
Legal Topics
['unlawful Termination' 'workplace Relations Act 1996 (cth)' 'federal Magistrates Court Jurisdiction' 'preliminary Question' 'appeal Rights']
['employment Law' 'industrial Relations' 'federal Civil Procedure'] ['unlawful Termination' 'workplace Relations Act 1996 (cth)' 'federal Magistrates Court Jurisdiction' 'preliminary Question' 'appeal Rights']

Case Brief

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Procedural Posture

Application for Leave to Appeal From an Order of a Federal Magistrate Dismissing an Unlawful Termination Application / Leave to File and Serve a Notice of Appeal

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in concluding that the Court lacked jurisdiction after finding that Mr Liongson was not dismissed by the respondent.' "Whether the Federal Magistrate's orders should be treated as final, with the consequence that Mr Liongson was entitled to appeal as of right." 'Whether Mr Liongson should be granted leave to file and serve a Notice of Appeal.']

Ratio Decidendi

The Federal Magistrate erred in treating the finding that Mr Liongson was not dismissed as depriving the Court of jurisdiction, because jurisdiction was conferred by s 663 of the Workplace Relations Act 1996 (Cth). However, given that an essential element of the claim was not made out, dismissal of the application was substantively appropriate and final. The effect of the orders was therefore final and Mr Liongson was entitled to appeal as of right, so leave was granted to file a Notice of Appeal.

Court Disposition

The applicant/appellant was granted leave to file and serve a Notice of Appeal.

Orders

  • ['The applicant/appellant is granted leave to file and serve a Notice of Appeal on or before Wednesday, 25 November 2009.']