Mistero Pty Ltd v Cann - [2017] QCATA 56

CITATION:

Mistero Pty Limited v Cann [2017] QCATA 56

PARTIES:	Mistero Pty Limited (Applicant/Appellant)
v
Michael John Cann (Respondent)

APPLICATION NUMBER:

APL004 -17

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Stilgoe OAM

DELIVERED ON:

15 May 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Leave to appeal granted.

2. Appeal allowed.

3. The decision of 7 December 2016 is set aside.

4. The proceeding is transferred to the Magistrates Court at Brisbane for rehearing.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – INDUSTRIAL LAW – COMMONWEALTH – terms and conditions of employment – remuneration – Fair Work Act awards – whether the Queensland Civil and Administrative Tribunal has jurisdiction over debt arising from unpaid wages – where wages are determined by reference to a national award – whether Tribunal erred in finding it did have jurisdiction – whether grounds for leave to appeal

APPEAL – LEAVE TO APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where Tribunal failed to provide adequate reasons for decision

APPEAL – LEAVE TO APPEAL – WHEN APPEAL LIES – PROCEDURAL FAIRNESS – where party had applied for appearance by remote conference – where application for appearance by remote conference granted in advance of the hearing – where Tribunal has not called the party on the record

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 12(4)(a), 142(3)(a)(i)
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Ford v Thexton trading as Family Legal and Thexton Lawyers [2014] QCATA 180

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

Mistero Pty Limited employed Michael Cann to work on its rural property ‘Myendetta’ outside Charleville from 12 January 2015 to 11 December 2015. Mistero owed Mr Cann some holiday pay but the parties were in dispute about how much. Mr Cann filed a claim for $5,186.62. At a hearing in the absence of Mistero, the tribunal ordered that Mr Cann receive the full amount of his claim.
Mistero wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]
[1]QCAT Act s 142(3)(a)(i).
[2]Pickering v McArthur [2005] QCA 294 at [3].
Mistero says the tribunal did not have jurisdiction to hear Mr Cann’s claim. It says the tribunal did not provide reasons for its decision. It says the tribunal failed to take into account relevant considerations and evidence. It says the tribunal failed to provide procedural fairness.

Did the tribunal have jurisdiction to hear the dispute?

The tribunal, in its minor civil disputes jurisdiction, can hear a claim to recover a debt or…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mistero Pty Ltd v Cann

Details

AGLC: Mistero Pty Ltd v Cann [2017] QCATA 56
Case: [2017] QCATA 56
Decision Date: 15 May 2017

CaseChat Overview and Summary

Mistero Pty Ltd appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT), which had found that it had jurisdiction to hear a claim for unpaid wages by Cann. The dispute arose out of an employment contract, and the wages in question were determined by reference to a national award under the Fair Work Act. The central issue before the court was whether QCAT had jurisdiction to hear a claim for unpaid wages where those wages were governed by a national award. Additionally, the court had to consider whether the Tribunal's failure to provide adequate reasons for its decision constituted an error of law and whether this, in conjunction with an alleged breach of procedural fairness, provided sufficient grounds for leave to appeal.

The court found that QCAT erred in concluding that it had jurisdiction over the claim for unpaid wages. The relevant statutory provisions indicated that such matters should be heard in the Magistrates Court. Furthermore, the Tribunal's failure to provide adequate reasons for its jurisdictional finding constituted an error of law. The court held that the lack of adequate reasons undermined the integrity of the decision-making process and rendered the Tribunal's conclusion on jurisdiction untenable. Additionally, the Tribunal's failure to call on the party, despite granting an application for appearance by remote conference, was a breach of procedural fairness. These errors warranted the granting of leave to appeal.

In light of the above, the court granted leave to appeal and allowed the appeal. The decision of 7 December 2016 was set aside, and the proceeding was transferred to the Magistrates Court at Brisbane for rehearing. This outcome ensures that the proper forum for the adjudication of wage claims governed by national awards is respected, and it underscores the importance of procedural fairness and adequate reasoning in administrative law proceedings.

Orders

Orders of the court

1. Leave to appeal granted.

2. Appeal allowed.

3. The decision of 7 December 2016 is set aside.

4. The proceeding is transferred to the Magistrates Court at Brisbane for rehearing.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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