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[2010] FWA 7410
General information, not legal advice.
Fair Work Australia
2010-10-14
Original judgment source is linked above.
(#P33_1446) S.397 of the Act contemplates a matter being determined without holding a hearing where there is an absence of (relevant) factual disputes. There are factual disputes concerning the alleged dismissal however these do not go directly to the considerations arising in this matter. The parties were also given leave to apply for a hearing and neither did so.
(#P36_2083) Written submission filed on 28 September 2010.
(#P102_9916) The Small Business Fair Dismissal Code will be relevant if the alleged size of the employer is demonstrated and a relevant dismissal was found.
(#P111_10990) Cheval Properties Pty Ltd t/as Penrith Hotel Motel v Janette Smithers [2010] FWAFB 7251, 17 September 2010, per Acton SDP, Cartwright SDP and Thatcher C.
(#P112_11396) Parker v Department of Human Services [2009] FWA 1638, per Whelan C.
(#P135_14842) See the discussion of this consideration in Clark v Ringwood Private Hospital AIRC Print P5279, 22 September 1997 per Ross VP, Drake SDP and Deegan C. Although decided under earlier legislation the principles remain generally apposite in my view.
(#P156_17238) Brodie-Hanns v MTV Publishing Ltd, (1995) 67 1R 298 at 300, 31 October 1995, per Marshall J.
(#P163_17742) Although also determined in a slightly different statutory context the decision in H Kyvelos V Champion Socks Pty Limited AIRC Print T2421, 10 November 2000, per Giudice J, Acton SDP, Gay C remains apposite.
(#P172_19069) This factor as referred to in Brodie-Hanns v MTV Publishing Ltd (cited in the Explanatory Memorandum to the Fair Work Bill 2008) would appear to be capable of having a broader application than only employees within the business concerned.
Printed by authority of the Commonwealth Government Printer
Copping
Motown Media Pty Ltd [2010] FWA 7410