He, in the matter of an application for Writs of Mandamus and Certiorari or Constitutional Relief against Lewin [2004] FCAFC 161

FEDERAL COURT OF AUSTRALIA

He, in the matter of an application for Writs of Mandamus and Certiorari or Constitutional Relief against Lewin [2004] FCAFC 161 INDUSTRIAL RELATIONS – termination of employment – whether Australian Industrial Relations Commission obliged to consider legality of termination – whether Commission had jurisdiction to deal with allegation that termination was for the reason of the filing of a complaint against employer involving alleged violation of laws or regulations or recourse to competent administrative authorities – whether alleged inaccuracies in transcript of Commission proceedings a ground for relief in Court – whether Commission erred in calculation of compensation – whether rule relating to calculation of damages for wrongful dismissal applicable – whether jurisdictional error – whether failure to take into account a relevant consideration – whether jurisdictional error – exercise of discretion – employer willing to pay balance of maximum amount dismissed employee could have received, in order to avoid further proceedings – whether, if such amount were paid, relief sought by applicant should be refused – proper form of order

Workplace Relations Act 1996 (Cth) ss 97, 170CE, 170CF, 170CFA, 170CG, 170CH, 170CK, 170CL, 170CM, 170CN, 170FA, 347 Commonwealth Constitution s 75(v) Occupational Health and Safety Act 1985 (Vic) s 54(d) Miller v University of New South Wales [2003] FCAFC 180 (2003) 200 ALR 565 applied Quinn v Jack Chia (Australia) Ltd [1992] 1 VR 567 distinguished Addis v Gramophone Co [1909] AC 488 distinguished Craig v State of South Australia (1995) 184 CLR 163 followed Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 206 CLR 323 followed Re: McJannet; Ex parte Australian Workers' Union of Employees, Queensland [No. 2] (1997) 189 CLR 654 followed