Hyde v Chrysler (Australia) Limited [1977] FCA 87

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IN THE FEDERAL COURT OF AUSTRALIA SA No. 9 of 1977

INDUSTRIAL DIVISION

BETWEEN:

JEFFERSON HYDE Informant

and CHRYSLER (AUSTRALIA) LIMITED Defendant NORTHROP J. REASONS FOR JUDGMENT 28TH NOVEMBER,

Industrial Law - offence - prosecution by dismissed shop steward - Retrenchment of employees in redundancy situation - Employer's right to dismiss an employee considered to be a troublemaker - Shop stewards have no ammunity From dismissal arising from their being delegates of organisations ~ s.5(1} (a) and (f) Conciliation and Arbitration Act 1904.

iN THE FEDERAL COURT OF AUSTRALIA SA No. 9 of 1977

INDUSTRIAL DIVISTON

BETWEE R:

JEFFERSON TYDE Informant and CHRYSLER (AUSTRALIA) LIMITED Defendant ORDER JUDGE MAKING ORDER : NORTHROP J.

DATE OF ORDER

28TH NOVEMBER, 1977

WHERE MADE

ADELAIDE

THE COURT ORDERS:

That the information be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA SA No. 9 of 1977

INDUSTRIAL DIVISION

JEFFERSON HYDE Informant and CHRYSLER (AUSTRALIA) LIMITED Defendant NORTHROP J. REASONS FOR JUDGMENT 28TH NOVEMBER 1977

Chrysler (Australia) Limited, (hereinafter called "the company") is engaged in the industry of manufacturing motor vehicles in South Australia at its plants at Tonsley Park and at Lonsdale. Owing to a decline in the demand for its motor vehicles and the increasing stock pile of completed motor vehicles awaiting sale, the management of the company, during the first half of the year 1977, resolved to reduce the number of vehicles being completed each day by extending and slowing the assembly line. As a result a smaller number of employees was required to man the assembly line. In addition, a new model of the Galant motor car, called the Sigma, was being 1untroduced and because of its construction design a smaller number of employees would be required to man the assembly line. Originaily management hoped that these changes would not lead to retrenchment of any employees and that the reduction in numbers of employees would be achieved by natural attrition, that 1s by the non replacement of employees ceasing their employment by reason of retirement or resignation. The normal rate of turnover of employees fell dramatically during this period and by the month of June 1977 management decided that they would need to retrench a large number of employees as well as encourage forms of early retirement.