Hewitt v Topero Nominees Pty Ltd

Hewitt, an employee, appealed a decision of the Full Bench of the Fair Work Commission in relation to his claim of unfair dismissal against Topero Nominees Pty Ltd. The applicant contended that the Commission erred in its decision [2013] FWC 3711 by not determining whether he was dismissed and by not granting him reinstatement and compensation. The Full Bench had upheld the dismissal of his general protections claim. The primary concern for the court was whether the Full Bench had correctly exercised its discretion in declining to determine the dismissal issue and whether the Full Bench had erred in not granting him reinstatement and compensation. The court found that the Full Bench had exercised its discretion correctly and that there was no error in not determining the dismissal issue. The Full Bench had considered the appropriate remedy and had decided not to grant reinstatement or compensation. The court upheld the appeal and quashed the decision of the Full Bench, ordering that the matter be remitted to the Full Bench for consideration of the appropriate remedy.