Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2014] FCA 353

Reihana v Mastercare Highrise Cleaning Services Pty Ltd [2014] FCA 353

The amended originating application was dismissed because the Federal Court was not satisfied that the Full Bench of the Fair Work Commission's refusal of permission to appeal involved jurisdictional error. The Full Bench had read and understood the applicant's written material, gave him an adequate opportunity to be heard, was entitled to control repetitive oral submissions, properly considered and refused the proposed new evidence, was not required to refer to every piece of evidence, properly addressed the statutory appeal requirements under s 400, and made findings reasonably open on the material concerning exceptional circumstances and the dismissal date.

Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Application for Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) Concerning a Fair Work Commission Unfair Dismissal Extension of Time Decision / Hearing of Amended Originating Application in the Federal Court of Australia
Outcome
Application dismissed.
Legal Topics
['unfair Dismissal' 'extension of Time' 'exceptional Circumstances' 'jurisdictional Error' 'natural Justice' 'procedural Fairness' 'fresh Evidence on Appeal' 'fair Work Commission Appeals']
['industrial Law' 'administrative Law'] ['unfair Dismissal' 'extension of Time' 'exceptional Circumstances' 'jurisdictional Error' 'natural Justice' 'procedural Fairness' 'fresh Evidence on Appeal' 'fair Work Commission Appeals']

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Procedural Posture

Application for Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) Concerning a Fair Work Commission Unfair Dismissal Extension of Time Decision / Hearing of Amended Originating Application in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Full Bench of the Fair Work Commission made jurisdictional error in refusing permission to appeal from the dismissal of an extension of time application for an unfair dismissal remedy.' 'Whether the applicant was denied natural justice or procedural fairness by the Full Bench limiting oral elaboration of submissions and evidence.' "Whether the Full Bench erred by refusing to admit or take into account new evidence concerning the applicant's residential tenancy dispute." 'Whether failure to refer specifically to QIRC website material showed that relevant material was not considered.' "Whether the applicant's claimed alternate dismissal date and payment in lieu of notice established error in the Full Bench decision."]

Ratio Decidendi

The amended originating application was dismissed because the Federal Court was not satisfied that the Full Bench of the Fair Work Commission's refusal of permission to appeal involved jurisdictional error. The Full Bench had read and understood the applicant's written material, gave him an adequate opportunity to be heard, was entitled to control repetitive oral submissions, properly considered and refused the proposed new evidence, was not required to refer to every piece of evidence, properly addressed the statutory appeal requirements under s 400, and made findings reasonably open on the material concerning exceptional circumstances and the dismissal date.

Court Disposition

Application dismissed.

Orders

  • ['The amended originating application filed on 14 October 2013 be dismissed.']