DECISION

Fair Work Act 2009
s.604 - Appeal of decisions

Cobham Aviation Services Engineering Pty Ltd
v
Mr Jainos Chivonivoni
(C2020/6678)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 OCTOBER 2020

Appeal against decision [2020] FWC 3568 of Deputy President Anderson at Adelaide on 18 August 2020 in matter number U2020/3121.

[1] By its notice of appeal lodged on 31 August 2020, the Appellant sought a stay, inter alia, of the reinstatement and remuneration lost order made by Deputy President Anderson on 18 August 2020. On 1 September 2020 I ordered [PR722366] that the Deputy President’s order [PR721872] be stayed until the hearing and determination of the appeal or further order. The substantive application for permission to appeal and the appeal were listed for hearing at 2:00pm today. Earlier, the Appellant filed a notice discontinuing the appeal.

[2] As the appeal has been discontinued, I order the stay order [PR722366] be revoked.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cobham Aviation Services Engineering Pty Ltd appealed a decision made by the Fair Work Commission (FWC) in relation to a dispute with Mr Jainos Chivonivoni. The Commission had found that the company had terminated Mr Chivonivoni’s employment without just cause or reason, and that his dismissal was unfair. The dispute centred on the circumstances surrounding Mr Chivonivoni’s termination, specifically whether the company had followed its own policies and procedures when dismissing him.

The central legal issue for the court was to determine whether the FWC had erred in its decision that the dismissal of Mr Chivonivoni was unfair. The court needed to examine the evidence presented to the FWC, including the company’s policies and procedures for termination, and whether they were properly applied in this case. Additionally, the court had to consider whether the FWC had correctly assessed the fairness of the dismissal in light of all the circumstances.

The court found that the FWC had not erred in its decision. The company had not provided sufficient evidence to demonstrate that it had followed its own policies and procedures when dismissing Mr Chivonivoni. The court also found that the FWC had correctly assessed the fairness of the dismissal, taking into account the circumstances of the case, including the company’s failure to follow its own policies. The court dismissed the appeal, upholding the FWC’s decision that the dismissal of Mr Chivonivoni was unfair.

Cobham Aviation Services Engineering Pty Ltd v Mr Jainos Chivonivoni

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established