Sammartino v Commissioner Foggo [1999] FCA 1231

Sammartino v Commissioner Foggo [1999] FCA 1231

The Federal Court found that the Full Bench of the Australian Industrial Relations Commission erred by applying principles appropriate to review of a discretionary decision (House v The King) instead of determining whether an error in law or fact was present on the jurisdictional question of employee status....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 August 1999
Procedural Posture
Judicial Review (prerogative Relief) / Final Judgment at First Instance
Outcome
Relief granted
Legal Topics
['termination of Employment' 'appeal From Commission Decision' 'leave to Appeal' 'employee Vs. Contractor Classification' 'appellate Review Principles']
['industrial Law'] ['termination of Employment' 'appeal From Commission Decision' 'leave to Appeal' 'employee Vs. Contractor Classification' 'appellate Review Principles']

Source-derived case record

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Procedural Posture

Judicial Review (prerogative Relief) / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the Australian Industrial Relations Commission erred in its approach to an application for leave to appeal in classifying the appeal as discretionary rather than error-based review' 'Whether the legal standard applied by the Full Bench was correct under s 45 Workplace Relations Act 1996 (Cth)' 'Whether the application of House v The King principles was misapplied to a jurisdictional fact finding']

Ratio Decidendi

The Federal Court found that the Full Bench of the Australian Industrial Relations Commission erred by applying principles appropriate to review of a discretionary decision (House v The King) instead of determining whether an error in law or fact was present on the jurisdictional question of employee status. Therefore, the Commission misdirected itself in refusing leave to appeal, warranting certiorari and mandamus to redetermine the application according to law.

Court Disposition

Relief granted

Orders

  • ['A writ of certiorari issue to the Australian Industrial Relations Commission, quashing the Full Bench’s decision of 22 September 1998 refusing leave to appeal in application C No 36038 of 1998.' 'A writ of mandamus issue to the Commission, requiring it to hear and determine according to law the application by Mr...