Hart, James Alexander v Jacobs, Allan Nimmo & Ors [1981] FCA 263

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CATCHWORDS

Yelecommunications Act 1975 - Judicial Review of decision of Disciplinary Appeal Board - Disciplinary action against employee in relation to standard of dress ~- whether proceedings of criminal or civil nature - whether Board applied proper standard of proof - Application of convention No.11} of 1958 International Labour Conference to Commission - Commission bound to declare

and pursue policy designed to promote elimination of dis~ tinction made on the basis of sex in employment ~ whether distinction referrable to sex was made on basis of sex or

some other basis ~ Employer's common law right to give directions concerning dress - Employee's duty to obey lawful orders of Master ~ implied term of contract of employment that

employee shall adopt a standard of dress reasonable in the

circumstances.

Telecommunications Act 1975, s.6(4), s.58

JAMES ALEXANDER HART v. ALLAN NIMMO JACOBS & ORS. a

VG No. 117 of 1981

Smithers J. 23 December 1981

Melbourne

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG No. 117 of 1981

GENDRAL DIVISION

Between: JAMES ALEXANDER HART

(Applicant)

And: ALLAN NIMMO JACOBS , DESMOND JOHN LOVELOCK, and LEO BROCK as constituting a DISCIPLINARY APPEAL BOARD under Section 63 of the TELECOMMUNICATIONS ACT 1975 and THE

FEDERAL Cour] uF

AUSTRALE AUSTRALIAN . TELECOMMUNICATIONS COMMISSION (Respondents) Judge Making Order: Smithers J. Date of Order: 23 December 1981 Where Made: Melbourne ORDER THE COURT ORDERS THAT l. The decision of the Disciplinary Appeal Board whereby

it dismissed the applicant's appeal against the

decision that he had committed the conduct alleged in

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