Sue-Ellen Fairall v St George & Sutherland Community College Inc

In the matter of Sue-Ellen Fairall versus St George & Sutherland Community College Inc, the respondent brought an application pursuant to section 739 of the relevant Act, challenging the applicant's right to bring the application following her termination of employment. The applicant, a former employee, sought to challenge the legality of her dismissal, raising questions regarding the validity of the termination and the ongoing applicability of section 739 of the Act post-termination. The court was tasked with determining whether the applicant could proceed with her application under section 739 despite having been dismissed from her position and whether her employment status affected the court's jurisdiction to hear the matter.

The central legal issue before the court was whether the applicant's employment status post-termination precluded her from bringing an application under section 739 of the Act. The court had to consider whether the termination of employment affected the applicant's standing to seek relief and whether the provisions of section 739 extended to employees who were no longer in the employ of the respondent. Furthermore, the court needed to assess the scope of section 739 and whether it applied to situations where an employee was no longer employed by the respondent at the time of making the application.

The court held that the applicant's termination of employment did not deprive her of the right to bring an application under section 739. The court found that the provisions of section 739 were not contingent on the applicant's continued employment status, and therefore, the applicant retained the right to seek relief under the section. The court emphasised that the purpose of section 739 was to provide a mechanism for employees to challenge the legality of their dismissal, and this purpose was not negated by the termination of employment. Consequently, the court ruled that the applicant could proceed with her application under section 739, despite having been dismissed from her position.

As a result of the court's decision, the application was allowed to proceed, and the court determined that the jurisdictional objection raised by the respondent was without merit. The court's ruling confirmed that the applicant's employment status post-termination did not affect her ability to seek relief under section 739 of the Act. No further orders were required beyond the allowance of the application to proceed.