Federal Court of Australia
CATCHWORDS
Industrial Law - dismissal of employee by reason of the circumstance that
such employee is entitled to the benefit of an award - information pursuant
to Concilzation and Arbitration Act 1904 s.5 - reason of such circumstance being a substantial and operative factor in the dismissal - decision recommending such dismissal made by a committee consisting of 8 councillors - committee's recommendation adopted by a general meeting of council consisting of 10 councillors 8 of whom were members of the committee so recommending - by-law
of council that such adoption shall be a resolution of council - need that
at least a majority of the 8 members of the committee be called as witnesses
to prove that those forming such majority were not actuated by the reason ~
for dismissal alleged in the charge cf. Tooth & Co. -v- Lane Cover Municipal Council 1968 2 N.S.W.R. 17 - order for reimbrusement of lost wages - direction reinstating employee. Conciliation and Arbitration Act 1904 s.5(1) (b), s.5(4) and s.5(5)
Gerda Voigstberger -v- The Council of the Shire of Pine Rivers (No.Q.5 of 1981) .
15 December 1981 BRISBANE
EVATT J.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. Q.5 of 1981
INDUSTRIAL DIVISION
ee ee ee
BETWEEN: GERDA VOIGTSBERGER Prosecutrix - THE COUNCIL OF THE SHIRE OF PINE RIVERS
Defendant -.-- -"- -
i
ORDER
JUDGE MAKING ORDER: EVATT J.
DATE OF ORDER: 15 DECEMBER 1981
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The defendant be convicted and fined $400. THE COURT DIRECTS THAT:
2. The defendant Council, The Council of the Shire of Pine Rivers reinstate the Prosecutrix,Gerda Voigtsberger in her old position or in a similar position, such reinstatement to date from 3 April 1981.
THE COURT FURTHER ORDERS THAT:
3. The defendant Council, The Council of the Shire of Pine Rivers pay to the Prosecutrix, Gerda Voigtsberger the salary lost by her since 3 April 1981 agreed at $9,025.08 gross. The defendant Council is granted leave to deduct an amount as agreed between the parties from such gross salary moneys for tax together with
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