Federal Court of Australia
Federal Court of Australia
Toma v Workforce Recruitment and Labour Services Pty Ltd [2022] FCAFC 100 Appeal from: Toma v Workforce Recruitment and Labour Services Pty Ltd [2020] FCA 1102
File number(s): NSD 1041 of 2020
Judgment of: RANGIAH, SC DERRINGTON AND ABRAHAM JJ
Date of judgment: 8 June 2022
Catchwords: INDUSTRIAL LAW – unfair dismissal – whether primary judge denied appellant opportunity to run his case – whether primary judge erred in failing to find inadequate translation at directions hearing denied appellant procedural fairness – whether findings made by primary judge relating to return to work plan and identity of employer supported by the evidence – whether primary judge distracted PRACTICE AND PROCEDURE – whether Court should permit issue of subpoena to receive fresh evidence on appeal – whether new evidence would have led to a different result at trial COSTS – whether usual orders as to costs in Fair Work jurisdiction ought be departed from pursuant to s 570 of the Fair Work Act 2009 (Cth) – whether appeal pursued without reasonable cause or vexatiously
Legislation: Fair Work Act 2009 (Cth) ss 394, 570 Federal Court of Australia Act 1976 (Cth) s 27 Judiciary Act 1903 (Cth) s 39B
Cases cited: Altintas v O'Dea Lawyers (No 2) [2018] FCAFC 187 Communications Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Abigroup Contractors Pty Ltd [2013] FCAFC 148 District Council of Streaky Bay v Wilson [2021] FCAFC 181; 394 ALR 33 Loi Toma v Workforce Recruitment and Labour Services Pty Ltd [2019] FWC 1564 Loi Toma v Workforce Recruitment and Labour Services Pty Ltd [2019] FWCFB 4240 Loi Toma v Workforce Variable Pty Ltd T/A Workforce International [2018] FWC 2963 Loi Toma v Workforce Variable Pty Ltd T/A Workforce International [2018] FWCFB 5811 Northern Land Council v Quall (No 3) [2021] FCAFC 2 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 Ryan v Primesafe [2015] FCA 8; 323 ALR 107
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