Federal Court of Australia
.
"
~ Atg
CATCHWORDS
Industrial law - 'breach of award --. termination of. employment - whether effective - when employment terminated.
Employer and employee - contract of employment - notice of termination - whether capable of unilateral withdrawal - whether withdrawn by consent.
Evidence - refreshing memory - document used outside court -
whether cross-examiner can compel production of document.
Conciliation and Arbitration Act 1904 s. 119, s. 882, s. 28, s.
88V, s. 118A.
Mather v. Morgan £1971] Tas.5.R. 192 R. v. Pachonick £19731 2 N.S.W.L.R. 86
Emerv_ v. Commonwealth of Australia [19631 V.R. 586
The Australian Wool Selling Brokers Employers' Federation v. The
Federated Storemen and Packers Union of Australia (1976) 176
C.A.R. 884 Riordan v. War Office £19591 1W.L.R. 1046
Harris and Russeli Ltd. v. Slingsby £19731 I.C.R. 454
Martin v. Yeoman Aggregates Ltd. £1983] I.C.R. 314
Tallerman and Co. Pty. Ltd. v. Nathan's Merchandise (Victoria)
Pty. Ltd. (1957) 98 C.L.R. 93
RODNEY BIRRELL v.:' AUSTRALIAN NATIONAL AIRLINES COMMISSION 7th DECEMBER 1984
GRAY J. MELBOURNE.
IN THE FEDERAL COURT 'OF AUSTRALIA VICTORIA DISTRICT REGISTRY ~ : ros
INDUSTRIAL DIVISION it Cl Ll
No. V 22 of 1984
BETWEEN : - RODNEY BIRRELL Applicant
AND:
AUSTRALIAN NATIONAL AIRLINES COMMISSION
Respondent
JUDGE: GRAY J.
DATE: 7TH DECEMBER 1984
REASONS FOR JUDGMENT
By his application, which was filed on 12th April 1984,
the Applicant seeks the imposition of a penalty for a breach or non-observance of the Airline Pilots' (TAA) Agreement, 1981, an order for the payment of salary, a declaration that the Applicant's employment with the Respondent was not terminated on. 9th or 10th May 1983, or at any other time,-and a declaration. that the Applicant thas been 'continuously since. 9th.May 1983, and.
remains, in the employ of the Respondent.. + -
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