Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shanahan v Australian Industrial Relations Commission (No 2) [2006] FCAFC 175
WORKPLACE RELATIONS – employment – claim of harsh, unjust or unreasonable termination of employment – application for prerogative relief in relation to a decision of the Australian Industrial Relations Commission – issue about whether applicant's misconduct occasioned by psychiatric condition – whether there was jurisdictional error in respect of question to be addressed Workplace Relations Act 1996 (Cth) ss 45(1)(c), 45(2), 45(6)(a), 45(7), 170CB(1)(c), 170CE(1)(a) 170CE(5)(a), 170CE(5A), 170CE(5B), 170CE(7), 170CG(1) 170CG(3), 170CH, 170CI, 170 JF(2) and 347(1) Craig v The State of South Australia(1995) 184 CLR 163 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission (2000) 203 CLR 194 House v The King (1936) 55 CLR 499 Re Polites; Ex Parte The Hoyts Corporation Pty Limited (1991) 173 CLR 78 Laws v London Chronicle (Indicator Newspapers) Ltd [1959] 2 All ER 285 North v Television Corporation Ltd (1976) 11 ALR 599 IAN SHANAHAN v AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND UNIVERSITY OF WESTERN SYDNEY NSD 693 OF 2006
MARSHALL, GRAHAM AND JESSUP JJ
13 DECEMBER 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 693 OF 2006
On remittal from the High Court of Australia
BETWEEN: IAN SHANAHAN
Applicant
AND: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
First Respondent
UNIVERSITY OF WESTERN SYDNEY
Second Respondent
JUDGES: MARSHALL, GRAHAM AND JESSUP JJ DATE OF ORDER: 13 december 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Application for an Order to Show Cause be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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