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[2024] FWC 1530
General information, not legal advice.
Fair Work Commission
2024-06-13
Original judgment source is linked above.
The Applicant (Mr William Ko) appeared for himself.
Ms Alexandra Abbott, Senior Associate, HWL Ebsworth Lawyers, appeared with permission for the Respondent (Medical Technology Association of Australia Limited).
[1] See ss.366(1)(b) and (2) of the Fair Work Act 2009 (Act).
[2] See Termination of Employment letter dated 19 December 2023, Annexure 'A' to Form F8A filed 28 March 2024.
[3] See email from Chambers to the parties dated 7 May 2024, granting permission for the Respondent to be legally represented generally in these proceedings (pursuant to s.596 of the Fair Work Act 2009). See also Respondent's written submissions on permission, dated 2 May 2024.
[4] Lombardo v Commonwealth of Australia as represented by the Department of Education, Employment and Workplace Relations [2014] FWCFB 2288, at [21].
[8] Ibid, at [17], [19], [38]-[39].
[11] Section 366(2)(a) of the Act.
[13] Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd [2018] FWCFB 901, at [39]-[40].
[15] Shaw v ANZ Bank [2015] FWCFB 287, at [12].
[16] This was 21 days after the Applicant's dismissal on 19 December 2023.
[17] Transcript, PN54. See also, Transcript, PN97 (did not receive legal advice or have the opportunity to seek legal advice) and PN105 (genuine belief that he had filed within 21 days, just filed the wrong application). Note Applicant's oral opening and closing submissions at Transcript, PN10-PN23, and PN184-PN187.
[18] Respondent's Submissions, 2 May 2024, at [25]-[26], [37], and [39]-[58]. Also note Respondent's oral closing submissions at Transcript, PN151-PN182.
[24] Section 366(2)(b) of the Act.
[25] See paragraph [15] of this decision.
[26] Section 366(2)(c) of the Act.
[27] Miller v DPV Health Ltd [2019] FWCFB 6890, at [21] (citing Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149, at [38]).
[28] Section 366(2)(d) of the Act.
[31] Kornicki v Telstra-Network Technology Group Print PR3168, 22 July 1997 (Ross VP, Watson SDP, Gay C).
[34] Byron Stephen Gill v IFM Services Pty Ltd [2021] FWC 5962, at [33].
[35] Section 366(2)(e) of the Act.
[36] Pitrau v Barrick Mining Services Pty Ltd [2012] FWA 8363; (2012) 255 IR 144, per McCarthy DP at 151-152, [37]; Perry v Rio Tinto Shipping [2016] FWCFB 6963, at [41].
[37] See Stogiannidis v Victorian Frozen Food Distributors Pty Ltd T/A Richmond Oysters [2018] FWCFB 901.
[38] [2011] FWAFB 975, at [13].
Printed by authority of the Commonwealth Government Printer
William Ko
Medical Technology Association of Australia Limited, Ian Burgess [2024] FWC 1530
"Finally, to require that regard be had to a particular matter in making a discretionary judgment is not to require that that matter shall be allowed an actual influence upon the ultimate result. The matter is to be considered for such bearing as it may have upon the question to be decided, and it is to be allowed such weight (if any) as the tribunal thinks it ought to be given; but if the tribunal thinks it ought to have no weight, then no weight is required to be given to it: cf. Beresford v. Ward [1961] YR 632, at 634."[10]
(1964) 38 ALJR 293
(1995) 67 IR 298
(2012) 255 IR 144