FEDERAL CIRCUIT COURT OF AUSTRALIA
| SKYCITY ADELAIDE PTY LTD v CELAND | [2017] FCCA 196 |
| Catchwords: INDUSTRIAL LAW – Application for costs following dismissal of proceedings alleging adverse action in employment – failure to accept Calderbank offer – whether refusal to accept offer amounts to an unreasonable act or omission – whether applicant’s conduct of the proceedings was unreasonable – witnesses subpoenaed to give evidence – matters to be considered. |
| Legislation: Fair Work Act 2009, ss.520(1)(a), 570(1), 570(2) Federal Circuit Court Rules, rr.21.02(2), 21.10, 21.15 |
| Applicant: | SKYCITY ADELAIDE PTY LTD |
| Respondent: | JENNIFER CELAND |
| File Number: | ADG 394 of 2014 |
| Judgment of: | Judge Brown |
| Hearing date: | 13 September 2016 |
| Date of Last Submission: | 13 September 2016 |
| Delivered at: | Adelaide |
| Delivered on: | 2 March 2017 |
REPRESENTATION
| Counsel for the Applicant: | Ms Stewart |
| Solicitors for the Applicant: | Sparke Helmore |
| Counsel for the Respondent: | Mr Heywood-Smith QC |
| Solicitors for the Respondent: | Hamdan Lawyers |
ORDERS
The respondent pay the applicant’s costs fixed in the amount of $30,711.00.
Order (1) hereof be stayed pending the outcome of the appeal.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADG 394 of 2014
| SKYCITY ADELAIDE PTY LTD |
Applicant
And
| JENNIFER CELAND |
Respondent
REASONS FOR JUDGMENT
Introduction
On 27 August 2014, the applicant, Ms Celand commenced proceedings, in this court, pursuant to the provisions of the Fair Work Act 2009 (Cth)[1] against her former employee, Skycity Adelaide Pty Ltd “Skycity”.
[1] Hereinafter referred to as the FWA or the Act.
Ms Celand alleged that she had been the subject of adverse action, during her employment with Skycity, in contravention of…
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- Case
- [2017] FCCA 196
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was whether Mr. Celand's dismissal by Skycity was harsh, unjust, or unreasonable, as contemplated by the relevant provisions of the *Fair Work Act 2009* (Cth). This required the Tribunal to consider the circumstances surrounding the dismissal, including the reasons for termination, the process followed by Skycity, and the impact of the dismissal on Mr. Celand.
Judge Brown found that Skycity had failed to establish a valid reason for Mr. Celand's dismissal and that the process followed was procedurally unfair. The Tribunal considered that the employer had not adequately investigated the allegations against Mr. Celand, nor had it provided him with a sufficient opportunity to respond to those allegations before making the decision to terminate his employment. Consequently, the dismissal was found to be harsh, unjust, and unreasonable.
The Tribunal ordered that Mr. Celand be reinstated to his former position and awarded compensation for lost remuneration.
Orders
Orders of the court
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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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