McKerlie v RateIt Australia Pty Ltd
Citation: [2020] FCA 1112
At a glance
- Employees affected
- 1
What happened
Colin Robert McKerlie filed an unfair dismissal claim against RateIt Australia Pty Ltd with the Fair Work Commission (matter U2020/1211). The matter was allocated to Deputy President Gerard Boyce. McKerlie filed an appeal (matter C2020/4086) of interlocutory decisions by the Deputy President, including decisions permitting RateIt to be represented by its solicitors MKI Legal. McKerlie filed an originating application in the Federal Court seeking interlocutory injunctions to restrain the FWC from proceeding, seeking an order that MKI Legal be restrained from acting, seeking a declaration that Deputy President Boyce was unfit for office, and seeking a suppression order for non-publication.
What was decided
The Federal Court dismissed all of McKerlie's interlocutory applications. The court found that McKerlie did not establish a prima facie case for the relief sought or that the balance of convenience favoured granting injunctions. The court found no grounds to interfere with the FWC's proceedings, restrain the solicitors from acting, declare the Deputy President unfit for office, or make a suppression order. The underlying unfair dismissal claim was to proceed before the Fair Work Commission.
What it means for employers
Federal Court will not readily intervene in Fair Work Commission proceedings through injunctions or restraining orders on solicitors based on allegations of bias or unfitness unless very strong grounds are established.
What it means for employees
Unfair dismissal claims should proceed through the Fair Work Commission according to its established procedures. Attempts to restrain proceedings or remove the assigned decision-maker require substantial evidence of bias or unfitness.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca1112Send your details to Liquid Employment Lawyers
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections