Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - temporary employee - whether appointment as an "officer" - repetitive strain injury ~-sick leave - slow progress on rehabilitation programme - CMO report - opportunity to provide further information - whether basis on which respondent could find applicant unfit for employment as a data processing operator ~ whether respondent required in the circumstances to afford applicant an opportunity to be heard - whether order should be made in the light of non-compliance with
another condition precedent to employment.
Administrative Decisions (Judicial Review) Act 1977 s.5 Telecommunications Act 1975 $8.38, 39
TeLlecommunications Regulations r.35a.
Trigger v. The Australian Telecommunications Commission FUL Court, 17.12.84, unreported). Kioa v. West (1986) 60 A.L.J.R. 113.
ELIZABETH HENDERSON V. AUSTRALIAN TELECOMMUNICATIONS COMMISSION NO. G47 of 1986
Jackson J. lst December 1986 Brisbane
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G47 of 1986
GENERAL DIVISION
BETWEEN: ELIZABETH HENDERSON Applicant AND: AUSTRALIAN TELECOMMUNICATIONS COMMISSION Respondent CORAM: JACKSON J. DATE: lst December 1986 PLACE: Brisbane
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The application for an order of review be refused.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G47 of 1986
ew ww
GENERAL DIVISION
BETWEEN: ELIZABETH HENDERSON Applicant AND: AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Respondent CORAM: JACKSON J. DATE: lst December 1986 PLACE: Brisbane
REASONS FOR JUDGMENT These are proceedings in which the applicant seexs an arder of review under s.5 of the Administrative Decisions
(Judicial Review) Act 1977 in respect of a decision
communicated to her by the respondent by a letter dated 20th March 1986. I shall refer later to the terms of the letter and to the events which followed it, bt it is sufficient for the moment to say that it was intended to bring to an end as from lst April 1986 the applicant's employment by the respondent as a data processing operator and to communicate tc
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