Congratulations to Jonathan Kay Hoyle SC on this successful result in The High Court of Australia.

The High Court of Australia has refused a special leave application by the Royal Embassy of Saudi Arabia Cultural Mission (Mission) from the decision of the Full Bench of the Federal Court (consisting of Rangiah, Lee and Raper JJ) which unanimously confirmed that the Fair Work Commission is a court for the purposes of the Foreign States Immunities Act 1985 (Cth) (the FSIA), and on that basis (and others) that the Mission could not rely on foreign state immunity to avoid the unfair dismissal claims of 13 former employees. Six judges of the High Court refused the special leave application on the basis that there were insufficient prospects of success to warrant a grant of special leave.

This means that the detailed judgment written by Raper J is the leading authority on the operation of s12 of the FSIA, which deals with contracts of employment, supported by the observations of Lee J as to why the Commission is a court for the purposes of s12. Read the judgments of the Full Bench here: https://lnkd.in/gJ5qJAQc

We are pleased to have acted pro bono for the 13 former employees of the Mission, helping them successfully rebut the Mission’s assertion of foreign state immunity in response to their unfair dismissal claims.