Cavar v Nursing Australia

Cavar brought a claim against Nursing Australia in the Federal Circuit Court of Australia. Cavar alleged that Nursing Australia had engaged in unlawful termination of her employment, in breach of the Fair Work Act 2009 (Cth). Cavar sought relief in the Federal Circuit Court, but this was dismissed. Cavar appealed to the Full Court of the Federal Circuit Court. The Full Court was required to determine whether Cavar’s appeal was validly brought and, if so, whether it was meritorious. The Full Court found that Cavar had not identified a valid respondent, as Nursing Australia was not her employer. Furthermore, Cavar had not identified any adverse action that had occurred, and therefore her claim for unfair dismissal was not valid. The Full Court also found that Cavar had not made a complaint to the Australian Human Rights Commission, and therefore the Court did not have jurisdiction to hear her human rights claim. Finally, the Full Court found that Cavar’s application for leave to appeal was not made with reasonable cause, and therefore she should pay Nursing Australia’s costs.

The Full Court held that Cavar’s Application for Leave to Appeal was without merit and refused the application. The Court found that Cavar’s attempt to add a different respondent and adduce additional evidence at the hearing was made too late. The Court also held that Cavar’s further submissions, made without leave after the hearing, did not lead to a different conclusion. The Full Court ordered that Cavar pay Nursing Australia’s costs. The Court held that Cavar’s Application for Leave to Appeal was instituted “without reasonable cause”. The Full Court held that the Federal Magistrate’s decision was not attended with error and that Cavar’s draft Notice of Appeal did not raise any issue that should be resolved on appeal. The Court held that Cavar’s Application for Leave to Appeal was dismissed and that she was to pay the costs of Nursing Australia.