Wan v AIRC

The applicant, Ms Wan, appealed against a decision of the Australian Industrial Relations Commission (AIRC) regarding the termination of her employment. Ms Wan argued that the Full Bench of the AIRC was required to consider whether there was a valid reason for the termination of her employment, rather than just whether the findings of fact and conclusions reached by the Senior Deputy President were open on the evidence. The legal issue before the court was whether the Full Bench was required to conduct its own assessment of the validity of the reason for the termination, or whether it was sufficient to consider whether the findings of the Senior Deputy President were open on the evidence. The court found that the Full Bench was not required to conduct its own assessment of the validity of the reason for the termination, and that it was sufficient for it to consider whether the findings of the Senior Deputy President were open on the evidence. The court noted that the AIRC was required to have regard to certain matters in determining whether a termination was harsh, unjust or unreasonable, including whether there was a valid reason for the termination. However, the court found that the Full Bench was not required to conduct its own assessment of the validity of the reason for the termination, and that it was sufficient for it to consider whether the findings of the Senior Deputy President were open on the evidence. The court further found that the Full Bench had properly considered the evidence and had reached a conclusion that was open on the evidence. The applicant’s appeal was dismissed, and she was ordered to pay the costs of the second respondent.