Toma v Workforce Recruitment and Labour Services Pty Ltd [2020] FCA 1102

FEDERAL COURT OF AUSTRALIA

Toma v Workforce Recruitment and Labour Services Pty Ltd [2020] FCA 1102 File number: NSD 1072 of 2019

Judge: WIGNEY J

Date of judgment: 3 August 2020

Catchwords: INDUSTRIAL LAW – unfair dismissal – where Full Bench of the Fair Work Commission ('Commission') dismissed permission to appeal – where Commission found applicant had resigned and had not been dismissed – whether interpretation provided at initial hearing was defective or deficient – whether change to identity of respondent was appropriate – whether either error was material – whether either error constituted a jurisdictional error

Legislation: Fair Work Act 2009 (Cth) ss 386, 386(1), 394, 400, 400(1), 562, 570, 587, 596, 604, 604(1), 604(2) Judiciary Act 1903 (Cth) s 39B

Cases cited: BZAID v Minister for Immigration and Border Protection (2016) 242 FCR 310; [2016] FCA 508 Coal & Allied Mining Services Pty Ltd v Lawler (2011) 192 FCR 78; [2011] FCAFC 54 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Abigroup Contractors Pty Ltd [2013] FCAFC 148 CPN16 v Minister for Home Affairs [2018] FCA 872 Dafallah v Fair Work Commission (2014) 225 FCR 559; [2014] FCA 328 GlaxoSmithKline Australia Pty Ltd v Makin (2010) 197 IR 266; [2010] FWCFB 5343 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212; [2013] FCAFC 142