Lewis, D.J. v. Qantas Airways Ltd [1981] FCA 154

CATCHWORDS

Industrial law - victimization - union delegate engaged in

industrial disputation - strike - change in delegate's duties - delegate involved in timekeeping offence with fellow employee - both employees dismissed ~- claim of victimization - dismissal unrelated to position as union delegate.

Conciliation and Arbitration Act 1904 (Com), s.5.

DAVID JOHN LEWIS v. QANTAS AIRWAYS LIMITED

No. N.S.W. 7 OF 1981 Moriing J. 22 September 1981

Sydney.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) INDUSTRIAL DIVISION ) N.S.W. No. 7 of 1981 ) )

NEW SOUTH WALES DISTRICT REGISTRY

BETWEEN DAVID JOHN LEWIS

Prosecutor AND QANTAS AIRWAYS LIMITED

Defendant

ORDER JUDGE MAKING ORDER: MORLING J. DATE OF ORDER: 22 SEPTEMBER 1981 WHERE MADE: SYDNEY.

THE COURT ORDERS THAT:

1. The information be dismissed.

ETE,

wT tert eT SOE sys awe te ae : twee oe IN THE FEDERAL COURT OF AUSTRALIA ) ) INDUSTRIAL DIVISION ) N.S.W. No. 7 of 1981 ) NEW SOUTH WALES DISTRICT REGISTRY )

BETWEEN DAVID JOHN LEWIS

Prosecutor

AND QANTAS AIRWAYS LIMITED

Defendant

MORLING J.

22 September 1981

REASONS FOR JUDGMENT

This is a prosecution brought against the defendant Qantas Airways Limited ("Qantas") for an alleged breach of s. 5

of the Conciliation and Arbitration Act 1904, as amended. The

information alleges that on 28 November 1980 Qantas, being the employer of the prosecutor, dismissed him by reason of the cir- cumstance that he was a delegate of the Transport Workers' Union of Australia ("the Union"). Section 5 of the Act provides, in

part, as follows:-

2.

5. (1) An employer shail not dismiss an employee, or injure him in his employment, or alter his position to his prejudice, by reason of the circumstances that the employee ~-