Ward v St Catherine's School [2016] FCA 790

Ward v St Catherine's School [2016] FCA 790

Leave to add the dismissal-related general protections claim was refused because, at the time Ms Ward sought the amendment, there was no Fair Work Commission certificate under s 368(3)(a) and no current application for an interim injunction; in any event, the legislative policy that dismissal disputes be dealt with by the Commission through non-arbitral dispute resolution militated against allowing the claim to be added to the existing Federal Court proceeding.

Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Application to Amend Originating Motion and Statement of Claim to Add a General Protections Court Application in Relation to Dismissal / Oral Application for Leave Heard on 22 June 2016
Outcome
Application refused.
Legal Topics
['fair Work Act 2009 (cth) General Protections' 'dismissal Dispute' 'leave to Amend' 'interim Injunction' 'fair Work Commission Certificate']
['employment and Industrial Relations' 'practice and Procedure'] ['fair Work Act 2009 (cth) General Protections' 'dismissal Dispute' 'leave to Amend' 'interim Injunction' 'fair Work Commission Certificate']

Case Brief

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Procedural Posture

Application to Amend Originating Motion and Statement of Claim to Add a General Protections Court Application in Relation to Dismissal / Oral Application for Leave Heard on 22 June 2016

Legal Issues

  1. 1 ['Whether Ms Ward should be granted leave to amend her originating motion and amended statement of claim to add a general protections court application in relation to her dismissal.' 'Whether s 370 of the Fair Work Act 2009 (Cth) prevented the dismissal claim being made in the Federal Court without a certificate from the Fair Work Commission or a current application for an interim injunction.' 'Whether discretionary considerations and the legislative policy favouring Fair Work Commission dispute resolution warranted refusal of leave.']

Ratio Decidendi

Leave to add the dismissal-related general protections claim was refused because, at the time Ms Ward sought the amendment, there was no Fair Work Commission certificate under s 368(3)(a) and no current application for an interim injunction; in any event, the legislative policy that dismissal disputes be dealt with by the Commission through non-arbitral dispute resolution militated against allowing the claim to be added to the existing Federal Court proceeding.

Court Disposition

Application refused.

Orders

  • ["Ms Ward's application for leave to add the dismissal dispute to the existing proceeding was refused."]