City Motor Transport Group v Devcic

City Motor Transport Group sought an appeal against the decision made by Commissioner Cambridge in the Fair Work Commission on 9 May 2014 in the matter of U2013/12907. The decision was being appealed by the employer, City Motor Transport Group, following an employee's claim regarding alleged unfair dismissal. The nature of the dispute centred around the Commissioner's findings concerning a repudiation of contract by the employer and whether there were factual errors in the determination, particularly in relation to the consistency of findings with contemporaneous documents.

The primary legal issues before the court were whether the Commissioner had erred in law in respect to his findings on the alleged repudiation and whether there were errors of fact in the Commissioner's findings. Additionally, the court needed to determine if the Commissioner's findings were inconsistent with the contemporaneous documents provided. The employer argued that the Commissioner had made an error in law and that there were factual inconsistencies in the decision.

In assessing the appeal, the court found that there was no appealable error in the Commissioner's decision. The court held that the Commissioner's findings on the issue of repudiation were not erroneous in law and that the findings were consistent with the evidence and documents provided. The court concluded that the employer had not demonstrated any inconsistencies between the Commissioner's findings and the contemporaneous documents, and therefore, the appeal was without merit. Consequently, the court refused the employer's application for permission to appeal.