Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lambley v DP World Sydney Limited [2013] FCA 4 Citation: Lambley v DP World Sydney Limited [2013] FCA 4
Parties: STEVEN LAMBLEY v DP WORLD SYDNEY LIMITED and FAIR WORK AUSTRALIA
File number: NSD 1109 of 2012
Judge: KATZMANN J
Date of judgment: 10 January 2013
Catchwords: INDUSTRIAL LAW – Unfair dismissal – fighting at work – employee dismissed after assaulting fellow employee at workplace – employee applied to Fair Work Australia for unfair dismissal remedy – Deputy President of FWA found that employee's conduct was a valid reason for dismissal but that dismissal was harsh, unjust and unreasonable and ordered reinstatement - Full Bench of FWA gave permission to appeal, allowed appeal and quashed decision – whether Full Bench relied on erroneous principles - jurisdiction of Full Bench ADMINISTRATIVE LAW – Application for constitutional writs – whether decision of Full Bench infected by jurisdictional error – scope and operation of principles from House v The King – whether appellate tribunal can only interfere with decision it finds "unreasonable or plainly unjust" where it is not apparent how result was reached - whether Full Bench failed to complete its jurisdictional task by failing to re-exercise discretion for itself
Legislation: Fair Work Act 2009 (Cth) ss 381, 385, 387, 390, 394, 400, 400(1), 400(2), 570, 604(1), 607, 607(3)
Cases cited: Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission (2000) 203 CLR 194 House v The King (1936) 55 CLR 499 GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343 Gronow v Gronow (1979) 144 CLR 513 Lovell v Lovell (1950) 81 CLR 513 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1994) 43 FCR 280 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Coal & Allied Mining Services Pty Ltd v Lawler (2011) 192 FCR 78 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 AWU–FIME Amalgamated Union v Queensland Alumina Limited (1995) 62 IR 385 Norbis v Norbis (1985) 161 CLR 513 Australian Meat Holdings Pty Ltd v McLauchlan (1998) 84 IR 1 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Re Commonwealth; Ex parte Marks (2000) 75 ALJR 470 Durham v Durham (2011) 80 NSWLR 335 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (No 2) [2012] FCA 419
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