Federal Court of Australia
Industrial Law - Conciliation and Arbitration - summary dismissal of senior table hands - whether breach of award - onus of proof -
"inefficiency" or "neglect of duty" - application of common law
\
principles
Conciliation and Arbitration Act 1904 s.119 Graphic Arts Award 1977
JEFFREY WILLIAMS v. PRINTERS TRADE SERVICES
No. WA 16 of 1983
TOOHEY J. PERTH 30 MARCH 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
No. WA 16 of 1983
wee
BETWEEN:
JEFFREY WILLIAMS
Applicant and PRINTERS TRADE SERVICES
Respondent
QO R D E R
JUDGE MAKING ORDER
Toohey J.
DATE OF ORDER 30 March 1984
WHERE MADE 3 Perth
1. THE couURT declares that in summarily dismissing Margaret Farrell on 23 September 1982 and in summarily dismissing Melanie Clifford on 24 September 1982 the respondent
committed a breach of clause 9(c) of the
Graphic Arts Award 1977.
2. THE COURT orders that -
(i) The respondent pay to the applicant on
behalf of the employees Margaret Farrell and Melanie Clifford the sum of $422.02.
(ii) There be no order as to the costs of the
application.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
No. WA 16 of 1983
BETWEEN:
JEFFREY WILLIAMS
Applicant
and PRINTERS TRADE SERVICES
Respondent
CORAM: TOOHEY J.
30 March 1984
REASONS FOR JUDGMENT:
This is an application under s.119 of the Conciliation and Arbitration Act 1904, seeking the imposition of a penalty for breaches of a term of the Graphic Arts Award, 1977 ("the Award").
The application also seeks the amount of an alleged underpayment
of wages due to two former employees of the respondent.
Printers Trade Services, the respondent, is referred to in the printing industry as a trade house. It carries out finishing services such as binding, collating and page numbering
for smaller businessess.
Printers Trade Services 1s a named respondent to the Award. Clause 9(c)(i) of the Award permits termination of employment by a week's notice on either side with provision for payment by the employer or forfeiture by the employee of one week's wages in lieu of notice. Clause 9(c)(ii), which is at the
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