Sikoski v Dolci Doro Pty Ltd

Sikoski brought an action against Dolci Doro Pty Ltd seeking a review of a decision made by an arbitrator. The arbitrator had found that Sikoski had breached his employment contract and that Dolci Doro had the right to terminate his employment. The case was heard in the Fair Work Commission. The primary issue for the Commission was whether the arbitrator had made an error in his findings of fact, and if so, whether it was of such a nature as to warrant setting aside the arbitrator's decision under the rule in Blatch v Archer [1774] EngR 2; (1774) 1 Cowp 63 at 65; 98 ER 969 or section 21 of the Fair Work Act 2009. The Commission considered the principles established in Raulston v Toll Pty Ltd [2011] NSWWCCPD 25; 10 DDCR 156 and held that the arbitrator's findings were not so palpably wrong as to warrant interference. The Commission found that the arbitrator had properly considered the evidence and made findings that were open to him on that evidence. The Commission dismissed the application for review and confirmed the arbitrator's decision.