Health Services Union-Victoria No. 1 Branch v Mr Sel (Selcuk) Sanli

The Health Services Union-Victoria No. 1 Branch has appealed against the decision made by Deputy President Gooley in the Federal Circuit Court, which dismissed their unfair dismissal claim brought on behalf of Mr Sel (Selcuk) Sanli. The crux of the dispute revolves around whether Mr Sanli was unfairly dismissed by the respondent, Monash Health. The union argued that the dismissal was unjust, primarily because the reason given for the dismissal—a lack of English language proficiency—was not substantiated by evidence.

The central legal issue before the court was whether the tribunal had erred in its assessment of the evidence regarding Mr Sanli's English language proficiency and the associated impact on his role. Specifically, the court needed to determine if the tribunal had made a significant error of fact that warranted an appeal. Additionally, the court had to consider whether the appeal was in the public interest, which would justify granting permission to appeal.

In reviewing the decision, the court found that there was indeed a significant error of fact. The tribunal had not adequately considered the evidence regarding Mr Sanli's English language skills and had failed to assess whether the respondent had made reasonable adjustments to accommodate his language difficulties. The court concluded that the tribunal's approach was flawed and that the appeal was in the public interest due to the importance of fair dismissal processes in employment law. Consequently, the court granted permission to appeal, upheld the appeal, and ordered a rehearing of the matter. The costs application by the respondent was dismissed.