SAWCT 13

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The principles that apply when considering whether two proceedings should be heard together were discussed by Hannon DPJ in Goodwin v City of Playford [2014] SAIRComm 5; Goodwin v Local Government Association of South Australia [2014] SAWCT 13 ('Goodwin'). In that matter, the applicant worker made an application for an unfair dismissal and workers compensation proceedings to be heard sequentially, with evidence given in one proceeding being received as evidence in the other. Both respondents opposed the application.

The applicant's workers compensation claim stemmed from the suspension of employment pending investigation into allegations of serious and wilful misconduct at work. Whilst the employer was awaiting the applicant’s written response …show more content…

Issue estoppel operates to preclude the raising of an ultimate issue of fact or law in a subsequent proceeding that was necessarily resolved as a step in reaching the determination made in an earlier judgement. Such is the ratio that follows Ruf v General Motors Holden's Automotive Ltd ('Ruf'), in which it was determined that a decision in the Fair Work Commission will resulted in a party being estopped from re-litigating matters determined in the Commission, such that that the finding will be binding on the matter heard in the SA Employment Tribunal as it would create an issue estoppel by virtue of it making a finding. Issue estoppel is concerned with the determination of factual or legal issues. The Tribunal in Ruf cited Starke J's articulation of the scope of the doctrine of issue estoppel in Blair v Curran in which His Honour …show more content…

Counsel essentially attempted to re-litigate certain issues decided by the Commission, namely submitting that the applicant worker had not engaged in serious and wilful misconduct and further that the applicant worker had not attempted to deceive the employer. The Tribunal stated that permitting counsel to re-litigate those issues would be to disregard to the Commissioner's finding, and further that there is a need for judicial determinations to be final, binding and conclusive to preserve public confidence in the administration of justice. Whilst the Commission is not a Court, issue estoppel is restricted to decisions of Courts. Accordingly, the Tribunal found that the respondent was entitled to regard those issues as having been 'finally and conclusively dealt

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