Australasian Meat Industry Employees Union v Sunland Enterprises Pty Ltd trading as Sunland Wholesale Meats [1988] FCA 276

JUDGMENT No.2 6.7 €&=, CATCHWORDS

Industrial law - employer and employee - dismissal by reason of membership of registered organization - penalty - reinstatement in employment - whether delay a bar - hardship to other employees - financial circumstances of employer - reimbursement of wages lost - whether deduction for delay - whether duty to mitigate whether reduction for higher

earnings during part of period - financial circumstances of

employer.

Conciliation and Arbitration Act 1904 s.5.

AU T LO ' UNION v. s PR : . trading as $ WHOLESALE MEATS

Nos. I 33 and I 44 of 1987

GRAY J. MELBOURNE 8TH JUNE 1988

) Py ) NEW SOUTH WALES DISTRICT REGISTRY } No. I 33 of 1987 INDUSTRIAL DIVISION } BETWEEN: U: TT STRY EMPLOYEES' UNION Prosecutor -and- SUNLAND ENTERPRISES PTY. LTD. trading as OLE: rs Defendant MINUTES OF ORDER THE COURT 0. THAT:

The defendant, Sunland Enterprises Pty. Ltd., is

convicted of an offence against s.5(1)(a) of the Conciliation and Arbitration Act 1904, in that on 25th September 1986, it did dismiss Christopher Bernard Collins from his employment, by reason of the circumstance that he was a member of the Australasian Meat Industry Employees' Union, an organization

registered pursuant to that Act.

The defendant is sentenced to pay a fine of $250.00 in

respect of the offence.

The defendant forthwith reinstate Christopher Bernard Collins in the position of permanent slaughterman at the

defendant's abattoir at Landsborough, or ina similar

position.

The defendant reimburse Christopher Bernard Collins wages lost by him as a result of the dismissal on 25th

September 1986, in the sum of $3,461.92.

(NOTE: Settlement and entry of orders is dealt with by 0.36

of the Federal Court Rules.)

" NEW SOUTH WALES DISTRICT REGISTRY INDUSTRIAL DIVISION

OF"_AU: IA No. I 44 of 1987

BETWEEN:

'AN r_ INDUSTRY OYEES' UNION