Event and Time
Event Description
In this case, a dispute arose over the contents of the tender bundle following the close of evidentiary cases related to alleged contraventions of the Fair Work Act 2009 (Cth) by Southern Migrant and Refugee Centre Inc in the dismissal of Ms. Shum. The matter is heard on remittal after a complex history involving multiple parties and proceedings, including a previous appeal and cross-appeal.
Application and Claims
The applicant, Ms. Shum, contends that her employment was terminated unlawfully and seeks responses to the following issues:
- Whether the termination contravened section 340(1) of the FW Act.
- Whether individuals, Mr. Brian Oates and Mr. Travis Heeney, were involved in any contravention under section 550 of the FW Act.
- The nature and extent of relief that should be granted if contraventions are found.
- Potential relief for the dismissal that may have contravened section 117(2) of the FW Act.
The respondents dispute the claims, arguing against the inclusion of various documents Ms. Shum intends to tender as evidence.
Judicial Decisions
In response to the ongoing disputes regarding document tendering and evidentiary issues, the Court issued a series of orders to manage the submission of a final tender bundle index, mandating both parties to serve their proposed lists of documents and objections in a structured format, ensuring efficient case management and adherence to the overarching purpose of the Federal Circuit and Family Court of Australia Act 2021 (Cth).
Dispute Points and Legal Basis
Dispute Points
- Applicant (Ms. Shum):
- Asserts that various documents should be admitted into evidence as part of the tender bundle and argues their relevance to her case. - Claims that some documents that were previously ruled inadmissible should still be considered for their probative value in light of trial developments, including cross-examination.