Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gregory v Qantas Airways Ltd [2016] FCAFC 7 File number(s): NSD 554 of 2015
Judge(s): BUCHANAN, BROMBERG AND RANGIAH JJ
Date of judgment: 3 February 2016
Catchwords: INDUSTRIAL LAW – applicant's employment terminated for conduct while abroad – applicant alleged he could not recall behaviour that was the basis of his termination – applicant alleged his drink had been spiked – scientific expert evidence produced – no discussion of expert evidence in Commissioner's decision – applicant claimed jurisdictional error in failure to address expert evidence – Commissioner did not find that termination was harsh, unjust or unreasonable – apparent from Commissioner's reasons that he was able to reach decision without reference to expert evidence – challenge to Commissioner's decision does not identify jurisdictional error INDUSTRIAL LAW – application for leave to appeal considered by Full Bench of Fair Work Commission ("FWC") – Full Bench gave direction that only question of permission to appeal would be dealt with in written and oral argument – Full Bench decided the matter by reference to the full ambit of the appeal – counsel had no adequate opportunity to develop or put a submission about merits
Legislation: Fair Work Act 2009 (Cth), ss 385, 385(b), 387, 387(a), 387(b)–(g), 387(h), 394, 400, 400(1), 400(2), 604, 604(1) Judiciary Act 1903 (Cth), s 39B
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Byrne v Australian Airlines Limited (1995) 185 CLR 410 Gregory v Qantas Airways Limited [2015] FWC 1154 Gregory v Qantas Airways Limited [2015] FWCFB 2599 Linfox Australia Pty Ltd v Fair Work Commission [2013] FCAFC 157; (2013) 240 IR 178 Lu v Heinrich [2014] NSWCA 349 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Osland v Secretary, Department of Justice (2008) 234 CLR 275 Osland v Secretary, Department of Justice (No 2) (2010) 241 CLR 320 O'Sullivan v Farrer (1989) 168 CLR 210 Plaintiff M79/2012 v Minister for Immigration and Citizenship (2013) 252 CLR 336 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 Toms v Harbour City Ferries Pty Ltd (2015) 229 FCR 537 Villani v Holcim (Australia) Pty Ltd (2011) 198 FCR 81
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