Grandbridge Limited v Mrs Diane Wiburd

Grandbridge Limited sought leave to appeal against a decision made by Deputy President Binet of the Fair Work Commission at Perth on 14 July 2017, in relation to a dismissal matter (U2017/14894). The dispute between Grandbridge Limited and Mrs Diane Wiburd centred on the legality of her dismissal and whether the employer adhered to the Small Business Fair Dismissal Code. The case was heard in the Federal Court of Australia.

The court was tasked with determining whether the appeal was admissible and if there was an appealable error in the decision of the Deputy President. Specifically, the court needed to decide if the Deputy President made an error in his findings and whether there was a breach of the code by the employer during the dismissal process.

The court found that the Deputy President made an error in his findings, which constituted an appealable error. The error was significant enough to warrant the quashing of the original decision and remitting the question of whether the employer complied with the Small Business Fair Dismissal Code to another member for determination. Consequently, the appeal was allowed, and the decision was quashed. The matter was remitted to another member of the Fair Work Commission to determine the compliance issue.

In conclusion, the Federal Court granted the appeal, quashed the decision made by the Deputy President, and remitted the matter to another member for reconsideration of the compliance with the Small Business Fair Dismissal Code.