Federal Court of Australia
CATCHWORDS
\
Industrial Law - whether power to order reimbursement of wages is conditional upon making of order for reinstatement - principles applicable to discretionary power to order reinstatement where employee was retrenched - whether employee must show that "old position or ... a similar
position" still exists.
Conciliation and Arbitration Act 1904 - s. 5(5)
i DONALD SUTHERLAND and HILLS INDUSTRIES LIMITED
No. 3 of 1982
CORAM : KEELY J. PLACE : ADELAIDE DATE : 22 SEPTEMBER, 1982
LUTTE Tener met mont memes ae om - re eee
Wong
ee eee NT I Ge
So Sees
oa a ete nt ttt or
tae ome
a
All ee a LS dee et Nn ene Ns nee cee ee Me RY eee Mee man Me an Re + ae
REVISED FROM ORAL JUDGMENT
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. 3 of 1982
oe ee ree ee
INDUSTRIAL DIVISION
tt a Re at main ht AY RE A mn manned Le mn OT SRM alati Sa St
BETWEEN : DONALD SUTHERLAND Applicant AND : HILLS INDUSTRIES LIMITED Respondent 22 September, 1982 KEELY J.
REASONS FOR JUDGMENT
Mr. Sutherland seeks, under s. 5(5) of the Conciliation and Arbitration Act, an order that he be reimbursed wages lost by him and a direction by the court that he be reinstated in his 01d position or in a similar position. On 18 August, 1982 the respondent was convicted of an offence against s. 5(1) of the Act and the written reasons for judgment delivered by the court on that date in respect of the conviction are to be read with the rasons for judgment
that I am now delivering orally.
The court heard submissions on behalf of the respondent by both Mr. Bleby and Miss Harrison. It was submitted by Miss Harrison that the court has no power to order that Mr. Sutherland be reimbursed any wages lost by him
unless the court has directed that he be reinstated in his
a Tg eee remunte en nerreerr acer errr ent aye erent - a ee ee _— eget i kts
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate