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austlii:cth/FWAFB/2012/3995
defendant. The application to extend time to file the appeal was dismissed. The Full Bench indicated that permission to appeal would not have been granted in any event as the appeal was devoid of merit.
Ms Tokoda was sacked from her job at Westpac for faking a medical certificate. She applied for unfair dismissal but lost. She tried to appeal, but filed her appeal two days late. The Full Bench of Fair Work Australia refused to give her more time to file the appeal because the appeal had no chance of success. The judges found that the original decision was correct: faking a medical certificate is serious misconduct, especially for a bank employee who must be honest, and Ms Tokoda had lied about several things during the case. Even if she had filed on time, they would not have allowed the appeal to go ahead.
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(#P30_1981) Stevenson-Helmer v Epworth Hospital, Print T2277, 19 October 2000 per Ross VP, Acton SDP and Simmonds C_; Dundovich v P&O Ports,_ Print PR923358, 8 October 2002 per Ross VP, Hamilton DP and Eaves C; SPC Ardmona Operations Ltd v Esam and Organ (2005) 141 IR 338
2 cited instruments linked from this judgment.
(#P47_3874) This is so because on appeal FWA has power to receive further evidence, pursuant to s.607(2); see Coal and Allied v AIRC [2000] HCA 47; (2000) 203 CLR 194 at [17] per Gleeson CJ, Gaudron and Hayne JJ
(#P65_6318) Ms Mouat-markham's witness statement, Exhibit G3 at paragraph [13]
(#P70_6813) The document reproduced has been redacted to remove the Appellant's personal details
(#P76_7338) See Annexure D to Ms Mouat-Markham's witness statement, Exhibit G3
(#P155_19230) Transcript 30 January 2012 at paragraphs [25] and [29] - [30]
(#P164_20432) Ibid at paragraphs [430] - [432]
(#P165_20563) Ibid at paragraphs [422] - [425] and [428 - [434]
(#P172_21488) Ibid at paragraphs [122] - [137]
(#P173_21611) Ibid paragraphs [142] and [323] - [326]
(#P184_22712) Ibid paragraph [77]
(#P185_22843) Ibid at paragraphs [241] - [243]
(#P186_23011) Ibid at paragraphs [620] - [628]
(#P189_23515) Ibid at paragraphs [94] - [96]
(#P206_24813) Ibid at paragraph [54]
(#P207_24946) Ibid at paragraph [292]
(#P212_25311) Ibid at paragraph [53]
(#P217_25870) Ibid at paragraphs [63] and [289]
(#P218_25968) Ibid at paragraphs [64] and [290]
(#P223_26360) Ibid at paragraphs [598] - [601]
(#P230_27153) See Hussein v Westpac Banking Corporate (1995) 59 IR 103 at 107
(#P231_27378) Transcript 30 January 2012 at paragraphs [106] - [109]
Printed by authority of the Commonwealth Government Printer
Tokoda
Westpac Banking Corporation T/A Westpac [2012] FWAFB 3995
(1995) 59 IR 103
(2005) 141 IR 338
(2000) 203 CLR 194
The application to extend time to file the appeal was dismissed. The Full Bench indicated that permission to appeal would not have been granted in any event as the appeal was devoid of merit.