Lyndoch Living Inc T/A Lyndoch Warrnambool v S Bolden

Lyndoch Living Inc, trading as Lyndoch Warrnambool, sought review of a decision made by Commissioner Bissett at Melbourne on 23 May 2014, in matter number U2014/15240. The respondent, S Bolden, had originally brought a claim against Lyndoch Living, alleging unfair dismissal. The Commissioner found in favour of the respondent and ordered that Lyndoch Living pay compensation to the respondent. Lyndoch Living appealed the decision, arguing that the Commissioner erred in law by failing to properly consider relevant evidence and by making an order that was outside the scope of the Commissioner's powers.

The legal issues before the court were whether the Commissioner erred in failing to properly consider relevant evidence, and whether the order made by the Commissioner was outside the scope of the Commissioner's powers. The court considered the arguments put forward by both parties and reviewed the evidence presented in the original proceedings. The court found that the Commissioner had indeed erred in failing to properly consider relevant evidence, and that the order made by the Commissioner was outside the scope of the Commissioner's powers.

The court held that the Commissioner's failure to properly consider relevant evidence was a significant error that affected the outcome of the case. The court also held that the order made by the Commissioner was outside the scope of the Commissioner's powers, as it was not based on a finding that the respondent had been unfairly dismissed. The court quashed the decision of the Commissioner and remitted the matter back to the Commissioner for reconsideration. The court also noted that the respondent's appeal was upheld in respect of the remedy, and that the decision was quashed in respect of the remedy.