Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sammartino v Commissioner Foggo [1999] FCA 1231
INDUSTRIAL LAW - termination of employment – appeal to Full Bench – nature of appeal – matters to be considered on application for leave to appeal Workplace Relations Act 1996 (Cth) s 45 Construction, Forestry, Mining and Energy Union v Giudice (1998) 159 ALR 1 cited House v The King (1936) 55 CLR 499 applied Lovell v Lovell (1950) 81 CLR 513 cited Westend Pallets Pty Ltd v Lally (1996) 69 IR 1 referred to
TONY SAMMARTINO V COMMISSIONER FOGGO (A Member of the Australian Industrial Relations Commission) AND JUSTICE MUNRO, DEPUTY PRESIDENT DUNCAN & COMMISSIONER JONES (Members of the Full Bench of the Australian Industrial Relations Commission) AND MAYNE NICKLESS LIMITED (trading as WARDS SKYROAD)
VG 126 of 1999 JUDGES: MOORE, MARSHALL & FINKELSTEIN JJ
DATE: 25 AUGUST 1999
PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 126 OF 1999
BETWEEN: TONY SAMMARTINO
Applicant
AND: COMMISSIONER FOGGO (A Member of the Australian Industrial Relations Commission)
First Respondent
JUSTICE MUNRO, DEPUTY PRESIDENT DUNCAN & COMMISSIONER JONES (Members of the Full Bench of the Australian Industrial Relations Commission)
Second Respondent
MAYNE NICKLESS LIMITED
(trading as WARDS SKYROAD)
Third Respondent
JUDGES: MOORE, MARSHALL & FINKELSTEIN JJ
DATE OF ORDER: 25 AUGUST 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. A writ of certiorari issue to the Australian Industrial Relations Commission (the Commission) removing the decision of the Full Bench of the Commission of 22 September 1998 in application C No 36038 of 1998, being an application by Mr Sammartino for leave to appeal pursuant to s 45 of the Workplace Relations Act 1996 (Cth) (the Act) into this court quashing it. 2. A writ of mandamus issue to the Commission, directed to it to hear and determine, in accordance with law, application C No 36038 of 1998, being the application by Mr Sammartino for leave to appeal under s 45 of the Act.
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