Wang v Full Bench of AIRC & Ors

The applicant, Mr. Wang, sought judicial review of a decision of the Full Bench of the Australian Industrial Relations Commission (AIRC). The dispute concerned Mr. Wang's application for an order for reinstatement to his employment, which had been dismissed by his employer, the respondent, on 15 March 2002. The AIRC had refused to grant the reinstatement order.

The primary legal issue before the High Court was whether the AIRC had erred in law by failing to consider, or adequately consider, the evidence presented by Mr. Wang regarding the alleged discriminatory reasons for his dismissal. Specifically, the court had to determine if the AIRC's finding that there was no evidence of discrimination was based on a proper understanding and application of the relevant legislative provisions and evidentiary principles.

Hayne J, delivering the judgment of the High Court, found that the AIRC had indeed erred in law. His Honour held that the AIRC had misinterpreted and misapplied the evidentiary burden in relation to discrimination claims. The Commission had incorrectly placed the onus on Mr. Wang to prove discrimination, rather than considering whether the employer's stated reasons for dismissal were a pretext for unlawful discrimination. The court emphasised that where an employer relies on a reason for dismissal that is found to be false or not the true reason, the employer bears the onus of establishing that the dismissal would have occurred regardless of the discriminatory motive.

Consequently, the High Court quashed the decision of the Full Bench of the AIRC and remitted the matter to the AIRC for redetermination according to law.