Recent Cases

Toma v Workforce Recruitment and Labour Services Pty Ltd [2022] FCAFC 100 (08 June 2022) (Rangiah, SC Derrington and Abraham JJ)


INDUSTRIAL LAW – unfair dismissal – whether primary judge denied appellant opportunity to run his case – whether primary judge erred in failing to find inadequate translation at directions hearing denied appellant procedural fairness – whether findings made by primary judge relating to return to work plan and identity of employer supported by the evidence – whether primary judge distracted

PRACTICE AND PROCEDURE – whether Court should permit issue of subpoena to receive fresh evidence on appeal – whether new evidence would have led to a different result at trial

COSTS – whether usual orders as to costs in Fair Work jurisdiction ought be departed from pursuant to s 570 of the Fair Work Act 2009 (Cth) – whether appeal pursued without reasonable cause or vexatiously