Ali v Chandler Macleod Group Ltd

[2016] FCA 1234

FEDERAL COURT OF AUSTRALIA

Ali v Chandler Macleod Group Ltd [2016] FCA 1234

Appeal from:

Ali v Chandler Macleod Group Ltd [2016] FCA 479

File number(s):

WAD 240 of 2016

Judge(s):

SIOPIS J

Date of judgment:

11 October 2016

Catchwords:

APPEAL – whether the appeal is incompetent because the grounds of appeal are defective – whether the appeal should be summarily dismissed on the grounds of incompetency.  

Legislation:

Federal Court of Australia Act 1976 (Cth) s 25(2B)(aa)

Fair Work Act 2009 (Cth) ss 394(2), 394(3), 604

Federal Court Rules 2011 (Cth) r 36.01

Fair Work Commission Rules 2013 (Cth) r 56(2)

Cases cited:

Zambini v Secretary, Department of Employment and Workplace Relations [2006] FCA 1773

Singh v Owners Strata Plan No 11723 (No 3) (2012) 207 FCR 390

Zegarac v Dellios [2007] FCAFC 58

Date of hearing:

11 October 2016

Registry:

Western Australia

Division:

General Division

National Practice Area:

Employment & Industrial Relations

Category:

Catchwords

Number of paragraphs:

32

Counsel for the Appellant:

The Appellant appeared in person.

Counsel for the First Respondent:

Mr M Blatchford

Solicitor for the First Respondent:

Momentum Legal

Counsel for the Second Respondent:

The Second Respondent did not appear.

Table of Corrections
14 October 2016	In paragraph 22, “29 August 2016” should read “17 August 2016”.
14 October 2016	In paragraph 23, “23 August 2016” should read “29 August 2016”.

ORDERS

WAD 240 of 2016

BETWEEN:

SAJID ALI

Appellant

AND:

CHANDLER MACLEOD GROUP LTD

First Respondent

FAIR WORK COMMISSION

Second Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	11 OCTOBER 2016

THE COURT ORDERS THAT:

1.The appeal is dismissed for lack of competency pursuant to r 36.72 of the Federal Court Rules 2011 (Cth).

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

SIOPIS J:

1. This is an application by the first respondent, Chandler Macleod Group Ltd, for the dismissal of the appeal by the appellant, Mr Sajid Ali, from the decision of the primary judge on 6 May 2016.

2. The primary judge dismissed Mr Ali’s application for judicial review of the decision of the Full Bench of the Fair Work Commission (the Commission), dated 1 February 2016, which had refused permission to Mr Ali to appeal against the decision of Commissioner Cloghan in the Commission.

3. The first respondent contends that Mr Ali’s appeal is incompetent.

   BACKGROUND

4. The background to the matter is as follows.

5. Mr Ali was dismissed from his employment in a bakery.  There is some doubt as to the exact date on which he was dismissed, but the Commission approached it from the basis that he had been dismissed on 13 March 2013.

6. On 21 June 2013, Mr Ali brought an application under the Fair Work Act 2009 (Cth) in the Commission alleging that he had been unfairly dismissed. The application came before Commissioner Cloghan, who found that the application had not been made within the 21 day period from the date of the dismissal which was prescribed by s 394(2) of…