Federal Court of Australia
CATCEWORDS
Industrial law - obligation to pay salary under award - refusal of performance of part of Zuties pf employment - continuation of the contract o pLoyme t notwithstanding such refusal - relationship of rq_to contract of
employment - penalty. Conciliation and Arbitration Act
1904, s.119.
Robert Leslie Gapes v. The Commercial Bank of Australia Limited Vv. No. 11 of 1979
13 March 1980
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. V 11 of 1979
Rew
INDUSTRIAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROBERT LESLIE GAPES
Appellant
AND: THE COMMERCIAL BANK OF AUSTRALIA LIMITED
Respondent ORDER JUDGES MAKING ORDER: Smithers, Evatt and Deane JJ. DATE: 13 March 1980 WHERE MADE: Melbourne
1, THE COURT ORDERS:
That the appeal be allowed.
3.
THE COURT FINDS:
That the respondent committed a breach of the terms of the Bank Officials (Federal) (1963) Award (as varied) by making a deduction in respect of 31 October and the 1st and 3rd days of November
1978 from the salary payable under the award in
respect of a period including those days.
THE COURT ORDERS:
(a) that the respondent pay the sum of $142.37
to the appellant;
(b) that the respondent pay a penalty of $25; and
(c) that the penalty be pard into the
Consolidated Revenue Fund.
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIAN DISTRICT REGISTRY ) No. V 11 of 1979 ) )
INDUSTRIAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF
THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROBERT LESLIE GAPES
Appellant
D: THE COMMERCIAL BANK
OF AUSTRALIA LIMITED Respondent
CORAM: Smithers, Evatt and Deane JJ. 13 March 1980 REASONS FOR JUDGMENT
SMITHERS AND EVATT JJ.: We have had the advantage of
reading the reasons for judgment in this matter of our brother Deane J. We agree with his conclusion that on
the facts of this case, which are set out in his reasons, nothing had occurred which entitled the respondent to make
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