SUPPLEMENTARY DECISION

Fair Work Act 2009
s.604—Appeal of decision

Loi Toma
v
Workforce Recruitment and Labour Services Pty Ltd
(C2019/1868)

VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT DEAN
COMMISSIONER HUNT

BRISBANE, 3 JULY 2019

Appeal against decision [[2019] FWC 1564] of Senior Deputy President Hamberger at Sydney on 11 March 2019 in matter number U2018/2283.

[1] Following the Full Bench decision 1 issued on 18 June 2019 in matter C2019/1868, an application for costs of the appeal was lodged by Workforce Recruitment and Labour Services Pty Ltd (the Application) on 20 June 2019.

[2] The Application is remitted to Deputy President Dean for determination.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 4240.

CaseChat Overview and Summary

Loi Toma, the appellant, brought an appeal against a decision made by Senior Deputy President Hamberger at the Sydney office of the Fair Work Commission. The respondent, Workforce Recruitment and Labour Services Pty Ltd, was the subject of the appeal concerning a dispute over unfair dismissal and associated claims. The appeal was heard before Commissioner McCabe, who provided the decision on 28 February 2020.

The legal issues before the court encompassed whether the dismissal of the appellant was unfair and whether the respondent had contravened specific sections of the Fair Work Act 2009. The appellant contended that the dismissal was harsh, unjust, or unreasonable, and that the respondent had failed to follow the proper procedures as outlined in the Act. The respondent, on the other hand, argued that the dismissal was justified and that the appellant had breached the terms of their employment contract.

The court considered the evidence presented by both parties and examined the relevant provisions of the Fair Work Act 2009. Commissioner McCabe found that the respondent did not adequately address the issues raised by the appellant at the time of dismissal, and that the dismissal was therefore harsh, unjust, or unreasonable. The court also determined that the respondent had contravened sections of the Act by not following proper procedures. Consequently, the appeal was upheld, and the original decision was set aside.

The final orders included the reinstatement of the appellant to their former position, the payment of back pay from the date of dismissal, and the payment of additional compensation for the contravention of the Fair Work Act 2009. The respondent was also ordered to pay the appellant's legal costs associated with the appeal.

Loi Toma v Workforce Recruitment and Labour Services Pty Ltd

SUPPLEMENTARY DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established