Coles Group Ltd v Soldi

Coles Group Ltd appealed to the Full Court of the Supreme Court of South Australia against a decision of the Full Bench of the South Australian Employment Court. The dispute concerned an application by Mr Soldi for review of a decision made by the Return to WorkSA (RTWSA). The Full Bench of the Employment Court had referred certain questions of law to the Full Court by way of a case stated.

The primary legal issue before the Full Court was whether the Full Bench of the Employment Court had erred in referring questions of law to the appellate tribunal when those questions, if answered, would not have resolved the entire dispute. Relatedly, the Court considered the proper approach to framing questions of law for referral and the duty of the Employment Court to hear and determine applications expeditiously.

The Full Court, in allowing the appeal, held that questions of law referred to an appellate tribunal should generally be based on agreed facts and be likely to resolve the entire dispute or a substantial part of it. The Court found that Question 5, as framed, would not have finally determined Mr Soldi's dispute. Consequently, the Full Bench of the Employment Court had erred by failing to direct that Mr Soldi's application for review proceed to a hearing and determination in the ordinary way.

The appeal was allowed for the limited purpose of making an order that Mr Soldi’s application for review of the RTWSA’s decision be listed for hearing and determination.