Walpola v Transdev Melbourne Pty Ltd [2016] FCAFC 151
The application was dismissed because the matters now raised by the applicant were not argued before the Commissioner, and thus there was no error in the Commissioner's decision not to address those matters; nor was there error by the Full Bench in refusing leave to appeal.
- Jurisdiction
- Australia
- Judgment Date
- 04 November 2016
- Procedural Posture
- Appeal / Judgment on Appeal From Fair Work Commission Full Bench
- Outcome
- Application dismissed
- Legal Topics
- ['unfair Dismissal' 'dismissal for Misconduct' 'procedural Fairness' 'fair Work Act 2009 (cth)']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal From Fair Work Commission Full Bench
Legal Issues
- 1 ["Whether Commissioner's failure to refer to certain uncontested evidence rendered his decision legally unreasonable" 'Whether Commissioner erred in finding dismissal was not harsh, unjust or unreasonable']
Ratio Decidendi
The application was dismissed because the matters now raised by the applicant were not argued before the Commissioner, and thus there was no error in the Commissioner's decision not to address those matters; nor was there error by the Full Bench in refusing leave to appeal.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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