Gao v Tin (Staffing Services) Pty Ltd [2020] FCA 453

Gao v Tin (Staffing Services) Pty Ltd [2020] FCA 453

The application was dismissed because the applicant had not obtained a certificate from the Fair Work Commission under s. 368(3)(a) of the Fair Work Act 2009 (Cth.), which is a jurisdictional precondition under s. 370(a)(i) for the Court to entertain a general protections court application involving dismissal.

Parties
Applicant: Zhan Gao; Respondent: Tin (Staffing Services) Pty Ltd
Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
General Protections Court Application / Interlocutory Application and Dismissal for Want of Jurisdiction
Outcome
Application dismissed for want of jurisdiction; no order as to costs; respondent's interlocutory application dismissed
Legal Topics
General Protections, Dismissal Applications, Jurisdiction, Fair Work Act Requirements, Extension of Time in Commissions
Industrial Law Employment Law General Protections Dismissal Applications Jurisdiction Fair Work Act Requirements Extension of Time in Commissions

Case Brief

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Parties

Zhan Gao

Applicant

Tin (Staffing Services) Pty Ltd

Respondent

Procedural Posture

General Protections Court Application / Interlocutory Application and Dismissal for Want of Jurisdiction

Legal Issues

  1. 1 Whether the Court has jurisdiction to hear a general protections court application in the absence of a certificate issued by the Fair Work Commission under s. 368(3)(a) of the Fair Work Act 2009 (Cth.)
  2. 2 Whether the applicant's application should be dismissed for want of jurisdiction
  3. 3 Whether the respondent's interlocutory application to strike out should be allowed

Ratio Decidendi

The application was dismissed because the applicant had not obtained a certificate from the Fair Work Commission under s. 368(3)(a) of the Fair Work Act 2009 (Cth.), which is a jurisdictional precondition under s. 370(a)(i) for the Court to entertain a general protections court application involving dismissal.

Court Disposition

Application dismissed for want of jurisdiction; no order as to costs; respondent's interlocutory application dismissed

Orders

  • The name of the respondent be amended to 'Tin (Staffing Services) Pty Ltd'.
  • The originating application filed on 17 December 2019 be dismissed.