Bowling v General Motors-Holdens Ltd [1980] FCA 32

CATCHWORDS

Industrial law - whether dismissal by reason of circumstance that a union delegate - discretionary power to order reimbursement of "any wages lost" - whether for period before information laid - time necessary to seek legal advice and lay information - wages lost whilst informant seeking remedy in State Court - relevance of workers compensation payments - discretionary power to direct reinstatement ~ relevant factors - previous "invasion"

of employer's office - informant's threat of repetition -

participation in repetition - Conciliation and Arbitration

Act 1904 s.5(1)(5).

Bowling v. General Motors-Holden's Ltd S.A. No. 20 of 1979

Keely J.

Melbourne

13 March 1980

IN THE FEDERAL COURT OF AUSTRALIA

) ) INDUSTRIAL DIVISION ) S.A. No. 20 of 1979 ) )

SOUTH AUSTRALIA DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act 1904

BETWEEN :

LESLIE ROONES BOWLING Informant - and -

GENERAL MOTORS-HOLDEN'S LIMITED Defendant

REASONS FOR JUDGMENT

13 March 1980 KEELY J.

On 9 August 1979 Leslie Roones Bowling (the informant ) laid an information against General Motors-Holden's Limited (the defendant) that on 10 August 1978 the defendant had dismissed the informant contrary to the provisions of s.5(1) of the Conciliation and Arbitration Act 1904 (the Act).

Mr A. J. Regan appeared with Mr I. G. Peera for the informant

and Mr A. V. Russell Q.C. appeared with Mr D. Clayton for the

defendant which pleaded not guilty.

The information alleged that the defendant "dismissed an employee, namely the informant, by reason of the

circumstances that the employee:

l. Was an officer or a delegate, and a member of an organization,as defined in the Conciliation and Arbitration Act 1904-1978 namely the Vehicle Builders Employees Federation, and the South Australian Branch thereof.

2. Was, as such, entitled to the benefit of an industrial agreement or an award, namely the "General Motors-Holden's Limited (Part I) General Award 1976' which was binding upon the said General Motors-Holden's Limited and the said Vehicle Builders Employees Federation.