Grunsell v Ceerose Pty Ltd [2022] FCA 1130

Grunsell v Ceerose Pty Ltd [2022] FCA 1130

The adverse credit finding against the applicant was illogical and infected the consideration of core issues; as a result, the decision at first instance is unreliable, warranting remittal of the matter for rehearing before another judge and allowing the extension of time and appeal.

Parties
Applicant: Simon Grunsell; First Respondent: Ceerose Pty Ltd; Second Respondent: Edward Doueihi; Third Respondent: Bradley Smith
Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Appeal / Judgment on Appeal and Application for Extension of Time
Outcome
Appeal allowed; extension of time granted; matter remitted for rehearing before a different judge.
Legal Topics
Redundancy Pay, Fair Work Act, Procedural Fairness, Extension of Time, Appeal Grounds
Employment Law Industrial Relations Redundancy Pay Fair Work Act Procedural Fairness Extension of Time Appeal Grounds

Case Brief

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Parties

Simon Grunsell

Applicant

Ceerose Pty Ltd

First Respondent

Edward Doueihi

Second Respondent

Bradley Smith

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal and Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant was entitled to redundancy pay under s 119 of the Fair Work Act
  2. 2 Whether procedural fairness was afforded at the original trial
  3. 3 Whether adverse credit findings against the applicant were reasonable

Ratio Decidendi

The adverse credit finding against the applicant was illogical and infected the consideration of core issues; as a result, the decision at first instance is unreliable, warranting remittal of the matter for rehearing before another judge and allowing the extension of time and appeal.

Court Disposition

Appeal allowed; extension of time granted; matter remitted for rehearing before a different judge.

Orders

  • The application for an extension of time be granted.
  • The appeal be allowed.