FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WEERASINGHE v PRISM GRAFIX PTY LTD (No.2) | [2011] FMCA 675 |
| INDUSTRIAL LAW – Unlawful termination – recourse to competent administrative authority – whether employee terminated because of recourse to the Department of Immigration and Citizenship. |
| Federal Magistrates Act 1999 (Cth), ss.3 and 42 Federal Magistrates Court Rules 2001 (Cth), r.1.03 Migration Regulations 1994 (Cth), Schedule 2, Subclass 456 and 457 Workplace Relations Act 1996 (Cth), s.659(2)(e), 663(1), 665(1)(a) and (c) |
| Buckingham v KSN EngineeringPty Ltd & Anor (2008) 177 IR 427; [2008] FMCA 546 De La Espriella-Velasco v The Queen (2006) 197 FLR 125 [2006] WASCA 31 Hayward v Rohd Four Pty Ltd (2008) 177 IR 212; [2008] FMCA 1490 Weerasinghe v Prism Grafix Pty Ltd (2009) 186 IR 330; [2009] FMCA 728 |
| K Laster & VL Taylor, Interpreters and the Legal System (Sydney: Federation Press, 1994) |
| Applicant: | ANTONEY SANTHA TISSA WEERASINGHE |
| Respondent: | PRISM GRAFIX PTY LTD |
| File Number: | PEG 15 of 2009 |
| Judgment of: | Lucev FM |
| Hearing dates: | 30 June, 1 July, 19 and 20 October 2009 |
| Date of Last Submission: | 20 October 2009 |
| Delivered at: | Perth |
| Delivered on: | 16 September 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr N. Ellery |
| Solicitors for the Applicant: | Corrs Chambers Westgarth |
| Counsel for the Respondent: | Mr S. Heathcote |
| Solicitors for the Respondent: | Downings Legal |
ORDERS
That the application be dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PERTH |
PEG 15 of 2009
| ANTONEY SANTHA TISSA WEERASINGHE |
Applicant
And
| PRISM GRAFIX PTY LTD |
Respondent
REASONS FOR JUDGMENT
Introduction
This matter involves a claim of unlawful termination of employment. The applicant, Antoney Santha Tissa Weerasinghe,[1] a Sri Lankan national, claims that the respondent, Prism Grafix Pty Ltd,[2] a print finishing business, contravened s.659(2)(e) of the Workplace Relations Act 1996 (Cth)[3] when terminating his employment. Mr Weerasinghe seeks an order:
a)imposing a penalty on Prism Grafix; and
b)for compensation for lost wages.[4]
[1] “Mr Weerasinghe”.
[2] “Prism Grafix”.
[3] “WR Act”.
[4] Pursuant to ss.663(1) and 665(1)(a) and (c) of the WR Act.
In Weerasinghe v Prism Grafix Pty Ltd[5] this Court held that Mr Weerasinghe had had recourse to a competent administrative authority by asking an officer of the Department of Immigration and Citizenship,[6] at a meeting at the premises of Prism Grafix on 27 June 2008, questions concerning his entitlement to take vacation leave and whether he could be replaced or terminated as a consequence of taking vacation leave.[7]
[5] (2009) 186 IR 330; [2009] FMCA 728 (“Prism Grafix (No. 1)”).
[6] “DIAC”.
[7] Prism Grafix (No. 1) IR at 338 per Lucev FM; FMCA at paras.37-38 per Lucev FM.
The people involved, and their credibility
A number of people were involved in this matter, and:
a)a brief description of their role and involvement; and
b)where they gave evidence, the Court’s assessment of their credibility,
is set out below.
Mr Weerasinghe is the applicant and operated various machines during his employment at Prism Grafix. He was involved in meetings held by DIAC…
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- AGLC
- Weerasinghe v Prism Grafix Pty Ltd (No.2) [2011] FMCA 675
- Case
- [2011] FMCA 675
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether Prism Grafix had failed to disclose the relevant financial documents in accordance with the court's earlier order, and if so, whether this constituted a sufficient ground to set aside the earlier order. Additionally, the court had to determine whether Prism Grafix's explanation for the non-disclosure was reasonable and if it warranted an extension of time to comply with the order.
Justice Edelman held that Prism Grafix had failed to provide the required documents as per the court's previous order. However, the court found that Prism Grafix had made a genuine effort to comply with the order, and their explanation for the non-disclosure was reasonable. Consequently, the court dismissed Weerasinghe's application to set aside the earlier order, but granted Prism Grafix an extension of time to provide the necessary documents. The court also ordered that Prism Grafix pay Weerasinghe's costs of the application.
Orders
Orders of the court
1.
That the application be dismissed.
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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