Sean McCormick v Mt Pleasant Stud Farm Pty Limited
[2015] FWCFB 7676
•11 NOVEMBER 2015
| [2015] FWCFB 7676 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Mt Pleasant Stud Farm Pty Limited
(C2015/6828)
VICE PRESIDENT WATSON | MELBOURNE, 11 NOVEMBER 2015 |
Appeal against decision [2015] FWC 6360 of Deputy President Sams at Sydney on 14 September 2015 in matter number U2015/963 – Permission to appeal – Permission to appeal not granted – Fair Work Act 2009 – ss. 394, 400 and 604.
[1] This decision is an edited version of a decision give on transcript at the conclusion of the hearing on 28 October 2015. It concerns an application for permission to appeal against the decision of Deputy President Sams in relation to an application for an unfair dismissal remedy by Sean McCormick.
[2] In light of the exchange that has taken place between the Full Bench and the parties, and the position advanced on behalf of Mr McCormick, it appears to us that there is no utility in the application for permission to appeal to proceed. To the extent necessary we decline permission to appeal. We have done so on the following basis.
[3] It is our view that the question of whether the termination was a case of genuine redundancy has been heard and determined. It has been determined that the matter is not a case of genuine redundancy. As we understand the application of the Fair Work Act 2009, the matter now moves to a consideration of whether the termination was harsh, unjust or unreasonable. Various factors are required to be considered in that context. We apprehend that the parties will each have an opportunity to lead evidence and make submissions in relation to that matter.
[4] That is the assumption that we have proceeded with and we have put to the parties. We formally decline permission to appeal in those circumstances.
VICE PRESIDENT
Appearances:
Ms K. McCormick on behalf of Mr S. McCormick.
Mr G. Lloyd on behalf of Mt Pleasant Stud Farm Pty Limited.
Hearing details:
2015.
Sydney.
28 October.
Final written submissions:
Mr S. McCormick on 20 October 2015.
Mt Pleasant Stud Farm Pty Limited on 20 October 2015.
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