Federal Court of Australia
CATCHWORDS
Industrial Law - performance or observance of rules of organization ~- dismissal by Branch Council of branch employees occupying non-elected positions of Branch Organiser, etc. - rule providing for motion to become resolution where submitted to each branch councillor and assented to i1nwriting bya majority of councillors - whether rule complied with - effect of presence of additional words on some copies of motion - whether rule required motion to be forwarded to each councillor before votes formally counted - effect on operation of resolution 1f votes were counted, majority recorded and resolution put into affect before motion forwarded to all councillors.
Whether natural justice applicable to dismissals of employees - dismissals for misconduct - unconditional and unlimited
nature of Branch Council's power of dismissal - employees not
holders of office under rules or Act and not elected.
Practice and Procedure - costs - [ The s~power to order costs under 38.43 Federal Court seonigtrat lack 176 - whether . ™~
) n Act 1904.
41, 197A.
-
a reity Federal Court of Australia A 1976 8-43 <b " °
Qe at
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Conciliation & Arbitration Act 1904, ef84 418 "Yo :
PATRICK BROPHY & ORS v. DAVID JOHN MAPSTONE & ORS
MICHAEL PATRICK BOURKE v. DAVID JOHN GARLAND MAPSTONE & ORS
m\PY D6
Q Nos. 5 and 6 of 1984
Smithers A.C.J., Keely & Morling JJ. 5 September 1984
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY
INDUSTRIAL DIVISION
Judges Making Order:
Date of Order:
Where Made:
) ) ) )
Q Nos.
5 and 6 of 1984
IN THE MATTER of the Conciliation and Arbitration
Act, 1904
Between:
Between:
PATRICK BROPHY & ORS.
(Appellants) DAVID JOHN GARLAND MAPSTONE & ORS.
(Respondents)
MICHAEL PATRICK BOURKE
(Appellant)
DAVID JOHN GARLAND MAPSTONE & ORS.
(Respondents)
Smithers ACJ, Keely and Morling JJ.
5 September 1984
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