Reehman v Certis Security Australia Pty Ltd & Anor

Reehman (the applicant) brought proceedings against Certis Security Australia Pty Ltd and another respondent (the respondents). The applicant sought to set aside an arbitration award made in favour of the respondents. The dispute concerned the applicant's employment and the termination of that employment.

The primary legal issue before the Court was whether the arbitration award should be set aside pursuant to section 13(5)(b)(i) of the *Commercial Arbitration Act 2010* (NSW) (the Act). This required the Court to determine if the applicant had been unable to present their case in the arbitration proceedings.

Gleeson J found that the applicant had not been unable to present their case. The Court reasoned that the applicant had been given ample opportunity to present evidence and make submissions during the arbitration. The applicant's failure to do so was a matter of their own choice and did not amount to a denial of procedural fairness by the arbitrator. The Court applied the principles of natural justice and procedural fairness, noting that an applicant must demonstrate a substantial injustice or prejudice to succeed under section 13(5)(b)(i) of the Act.

The application to set aside the arbitration award was dismissed.