Childs, D.W. v. Metropolitan Transport Trust [1981] FCA 229

A hy PRN CAT Q

ronan are i io oe

CATCHWORDS

Industrial law - dismissal and prejudice to employee - Information pursuant to Conciliation and Arbitration Act 1904 s.5 - Onus of proof - substantial and operative factor - Alteration of employee's position to his prejudice - injury to employee in his employment - dismissal of employee. Employer actuated by circumstances specified in s.5(1) of the Act - Employee proposed to appear in proceedings under the Act - Commission hearing pursuant to a notice under s.25 not disclosing interstate character of dispute. Whether a proceeding within s.5(1)(c) of the Act - Employee's dissatisfaction with his conditions - requirement that better conditions being sought by organization be specific - Membership of Union as an actuating circumstance in decision to dismiss employee ~ Requirement of some relevant quality in

the conduct of the employee as member.

Conciliation & Arbitration Act 1904

Desmond William Childs v. Metropolitan Transport Trust

Smithers J.

9 December 1981

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. 16 of 1981

wesw wa

INDUSTRIAL DIVISION .

IN THE MATTER OF The Conciliation and Arbitration Act 1904

BETWEEN: DESMOND WILLIAM CHILDS

(Informant)

AND: METROPOLITAN TRANSPORT

TRUST (Defendant) Judge Making Order: Smithers J. Date of Order: 9 December 1981 Where Made: Melbourne ORDER 1. The Court finds that on 22 December 1980 the defendant

altered the position of the informant to his prejudice by

reason of the circumstances that:-

(a) the informant was entitled to the benefit of

an award;

(b) the informant proposed to appear and give

evidence in a proceeding under the Act; and

(c) being a member of an organization which was

er eer qemnnt rept Ae te Em mene ema mR ee oe mem a ae re ne a. io

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