Willis, Sonia Gay v Chew, Robert Ling [1981] FCA 204

CATCHWORDS

Industrial Law - dismissal of employee - whether employee dismissed for reason of being member of organization or being entitled to benefit of award - knowledge of employer that employee member of organization - onus of proof ~- proof beyond reasonable doubt of existence and membership of registered erganization -

Conciliation and Arbitration Act (Commonwealth) 1904 s.5

The Conciliation and Arbitration Act 1904 - Sonia Gay

Willis v. Robert Ling Chew

A.c.T. No. 1 of 1981

Coram: Ellicott J. 9 October 1981

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

Industrial Division

NO ACT 1 of 1981

THE CONCILIATION AND ARBITRATION

ACT 1904

SONIA GAY WILLIS

and

ROBERT LING CHEW

ORDER JUDGE MAKING ORDER: ELLICOTT J. WHERE MADE: CANBERRA DATE OF ORDER: 9 OCTOBER 1981

THE COURT ORDERS THAT:

1. The information and summons be dismissed.

THE FEDERAL COURT OF AUSTRALIA

Industrial Division

No ACT 1 of 1981

THE CONCILIATION AND ARBITRATION ACT 1904

SONIA GAY WILLIS

and

ROBERT LING CHEW

CORAM: ELLICOTT J.

REASONS FOR JUDGMENT

Sonia Gay Willis (the informant) claims that on 5 December 1980 her then employer Robert Ling Chew (the defendant) committed a breach of s.5 of the Conciliation and Arbitration Act 1904 (the Act) by dismissing her from her employment because she was then a member of the Shop, Distributive and Allied Employees' Association (the union) and/or because she was entitled

to the benefit of an award as defined in the Act.

The information and the summons in these proceedings charged that the defendant had dismissed her for a third reason, namely, that the informant was proposing to appear as a witness and to give evidence in a proceeding under the Act. However, this reason was not pressed at the hearing, as part of the charge.

Section 5, so far as it is relevant to these

proceedings ,provides as follows: -