Wang v Purpose Pty Ltd [2011] FCA 381

Wang v Purpose Pty Ltd [2011] FCA 381

The proposed appeal had no prospects of success because the applicant's claims were based on events from 2000 and 2001, could not be brought under the Fair Work Act 2009 or the Building and Construction Industry Improvement Act 2005, and any Workplace Relations Act 1996 unlawful termination claim was unavailable because the Act had substantially been repealed and the applicable time limit had expired around 10 years earlier. The Federal Magistrates Court dismissal extended to all aspects of the proceeding, which was doomed to fail.

Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Application for Leave to Appeal / Appeal From an Oral Decision of the Federal Magistrates Court of Australia Dismissing the Applicant's Proceeding
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'unlawful Termination of Employment' 'workplace Injury Compensation' 'time Limits' 'statutory Commencement and Repeal']
['employment Law' 'workers Compensation' 'appellate Procedure'] ['leave to Appeal' 'unlawful Termination of Employment' 'workplace Injury Compensation' 'time Limits' 'statutory Commencement and Repeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Appeal From an Oral Decision of the Federal Magistrates Court of Australia Dismissing the Applicant's Proceeding

Legal Issues

  1. 1 ['Whether the proposed appeal from the Federal Magistrates Court dismissal had any prospects of success.' 'Whether the applicant had any arguable claims under the Fair Work Act 2009 or the Building and Construction Industry Improvement Act 2005 in relation to events occurring in 2000 and 2001.' 'Whether any claim under the Workplace Relations Act 1996 was available despite repeal and applicable time limits.']

Ratio Decidendi

The proposed appeal had no prospects of success because the applicant's claims were based on events from 2000 and 2001, could not be brought under the Fair Work Act 2009 or the Building and Construction Industry Improvement Act 2005, and any Workplace Relations Act 1996 unlawful termination claim was unavailable because the Act had substantially been repealed and the applicable time limit had expired around 10 years earlier. The Federal Magistrates Court dismissal extended to all aspects of the proceeding, which was doomed to fail.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant is to pay the respondents' costs of the application."]