Johnson v Cub Pty Ltd

JOHNSON
v
CUB PTY LTD & ORS
[2022] HCASL 83
M1/2022

The applicant seeks special leave to appeal from a unanimous decision of the Full Court of the Federal Court of Australia (Bromwich, O'Callaghan and Colvin JJ). The Full Court dismissed the applicant's application for judicial review of a decision of the Full Bench of the Fair Work Commission to quash a decision of a Commissioner of the Fair Work Commission. The Commissioner had decided that the applicant was unfairly dismissed and ordered he be reinstated to a client of a labour-hire company pursuant to s 390(1) of the Fair Work Act 2009 (Cth).
The appeal foreshadowed in this application has insufficient prospects of success to warrant a grant of special leave. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.J. Gageler S.H.P. Steward

20 April 2022

CaseChat Overview and Summary

Johnson has brought an application for special leave to appeal against a decision of the Full Court of the Federal Court of Australia. The Full Court had dismissed Johnson's application for judicial review of a decision made by the Fair Work Commission. The Commission had decided that Johnson was unfairly dismissed and ordered that he be reinstated to a client of a labour-hire company. The applicant's application for leave to appeal was dismissed by the High Court.

The appeal raised questions about the correctness of the Full Court's decision to dismiss the applicant's application for judicial review. The appeal also questioned whether the Full Court had properly applied the legal principles that are relevant to the review of decisions made by the Fair Work Commission. The High Court considered whether the appeal had sufficient prospects of success to warrant a grant of special leave.

The High Court found that the appeal did not have sufficient prospects of success. The Court considered that the Full Court had correctly applied the relevant legal principles and had properly reviewed the decision of the Fair Work Commission. The Court found that the Full Court's decision was not flawed and that the appeal had no real prospect of success. The Court also considered that the costs of the appeal should be awarded against the applicant.

The High Court dismissed the application for special leave and ordered that the Registrar draw up, sign and seal an order dismissing the application with costs. This means that the decision of the Full Court stands and the applicant's appeal will not proceed. The Court found that the appeal had insufficient prospects of success and that the costs of the appeal should be awarded against the applicant.

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