ODCO Legal Authority
5. Unfair Dismissal: Damevski & Endoxos
This case involved a cleaner in the ACT who lodged an unfair dismissal claim against the end user client. His appeal to the Full Bench of the AIRC was not successful.
AIRC Full Bench Appeal hearing dated 13/09/02, U2002/1089.
The union lodged an application for appeal with the High Court, which was remitted to the Full Federal Court. It was heard on 18 August 2003. The Full Bench of the Federal Court of Australia handed down its decision in the case on 14 November 2003.
[2003] FCAFC 252
The Full Court overturned the decision of the Full Bench of the AIRC. They decided that Damevski was an employee and referred the matter back to the AIRC to determine Damevski's unfair dismissal claim. It is worth noting that this was subsequently dismissed.
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