Federal Court of Australia
CATCHWORDS
Industrial law - whether dismissal by reason of circumstance that delegate of organization - appeal from exercise of discretion - whether duty on Court to direct reinstatement or whether discretionary power - cross appeal against conviction ~- credibility of witnesses - onus of proof
Conciliation and Arbitration Act, 1904, s.5(1)(4) and (5)
ss.118A and 191 Acts Interpretation Act, 1901, ss.26, 41, 43 and 44
Federal Court of Australia Act, 1976, s.19
Crimes Act, 1914, ss.13, 21, 21B(a) and (da)
BOWLING v. GENERAL MOTORS HOLDEN'S LIMITED
S.A. 14 of 1980
Coram: J.B. SWEENEY, EVATT AND NORTHROP JJ.
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. 14 of 1980 ) )
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN: LESLIE ROONES BOWLING
Appellant AND: GENERAL MOTORS HOLDEN'S LIMITED Respondent ORDER
JUDGES J.B. Sweeney, Evatt and Northrop JJ. DATE OF ORDER: 19 November 1980 WHERE MADE: Melbourne
THE COURT ORDERS THAT:
1. The cross-appeal be dismissed. 2. The appeal be allowed.
3. That the order made in this matter be varied deleting paragraph 2 thereof and inserting:
")he appellant be re-instated in his old position or ina similar position within 7 days after publication of these reasons."
4. Liberty be reserved to either party to apply within seven days with respect to the period stated in paragraph 3 hereof.
IN THE FEDERAL COURT OF AUSTRALIA~
SOUTH AUSTRALIA DISTRICT REGISTRY No. 14 of 1980
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN: LFSLIE ROONES BOWLING
Appellant AND: GENERAL MOTORS HOLDEN'S LIMITED
Respondent
CORAM: J.B. Sweeney, Evatt, Northrop JJ.
19 November 1980
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