Jones, Peter Campbell v Thiess Bros Pty Ltd [1977] FCA 40

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IN THE FEDERAL COURT OF AUSTRALIA - INDUSTRIAL DIVISION

V_No. 14 of 1977 PETER CAMPBELL JONES v. THIESS BROS. PTY. LIMITED

CATCHWORDS

Conciliation and Arbitration Act s. 5(1)(a) and (f) - employee dismissed by reason of the fact that he was a union member and delegate. Meaning of "delegate" - multiple reasons for dismissal - "substantial and operative" factor in dismissal.

Reinstatement - to be treated separately - employee's conduct considered but potential industrial unrest not to preclude reinstatement.

Bowling v. G.M.H. (1975) 8 A.L.R. 197. G.M.H. v. Bowling (1976) 12 A.L.R. 605.

fou st. ALL i nS cee

VNo. if of 1577

On AUSTAALLA

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Tn the matter «7 -

INDUSTRIAL DIVESTON DHS CONCITTATLOM AMID Alas

ACT TOG

Between -

Ben CAUP3ULL JONES

Irfoumeant

And - THIESS PROS Pry, LiMiTED Datenrdenit WE RENCE: YErTY, J. DATE: fist Toby i607 PLACE: MELEOUHNS ORDER OF Tut COURT: This Court orders - (a) that the dofendeut ss convict ea under s. 5 (1) (a) end (f) ef the Conciliation and Arbitraticn Act 1964 ; (b) that the defendant ts ordered to p2y a penalty of $400; (c) that the znformant Peter Coanshe?. Jones be reinstate 2d by rhe aewendene Thiess Rros Pty v4, in hos old

position or in a similar DOFLVLON;

(ad) that the parties have liberty to apply es to the reasbursesiert of any wages lost by the informant;

(e) that tinere be no order es to costs, and

(f) that the parties huve Vibo apply in respect of tho in appluicatian shai th ordered co pay his

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IN THE FEDPRAT, COUT )

OF AUSTRALIA ) V. No. 44 of 19977

INDUSTRIAL DIVISION Betweciu: PETER CAMNPPRELL JONFS Inforrant And:

THIESS BROS. PITY. LiMiTED Defendant

1st July, 1977 }

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On 26th April 1977 Peter Campbell Jones (the :i:forment) laid an information against Thiess Bros. Pty. Limited (tis defendant) that on 1st April 1977 1t had dismisscd him contrary to the provisions of s. 5(1)(f) of the Conciliation and