Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Industrial law - termination of employment - proper construction and application of s 170DE(1) - valid rason based on operational requirement - Court to determine the proper construction of the word "valid" and "operational requirement" - onus of proof - effect of the invalidity of s 170DE(2), the harsh, unjust and unreasonable termination provision - consideration of Termination of Employment Convention 1982.
Industrial Relations Act 1988 s 170DE, s 170EDA, s 170EE
State of Victoria v Commonwealth of Australia (138) ALR 129 Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371 Johns v Gunns Ltd (1995) 60 IR 258 Nettlefold v Kym Smoker Pty Ltd (1996) 69 IR 370 Kerr v Jaroma Pty Ltd (Marshall J, Industrial Relations Court of Australia, 7 October 1996, unreported) Westen v Union des Assurances de Paris (Madgwick J, Industrial Relations Court of Australia, 17 December 1996, unreported) Kenefick v Australian Submarine Corporation Pty Ltd (No 2) (1996) 65 IR 366, Full Court Andrews v Uniting Church in Australia Frontier Services (1995) 60 IR 437 COSCO HOLDINGS PTY LTD v THU THI VAN DO AND OTHERS QG 95, 96, 97, 98, 99 AND 100 OF 1997 NORTHROP, LINDGREN AND LEHANE JJ SYDNEY (HEARD IN BRISBANE) 4 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 95 of 1997
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
CONSTITUTED BY A SINGLE JUDGE
BETWEEN: COSCO HOLDINGs PTY LTD
Appellant
AND: THU THI VAN DO
Respondent
court: northrop, lindgren and lehane jj
DATE OF ORDER: 4 DECEMBER 1997
WHERE MADE: SYDNEY (HEARD IN brisbane)
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The orders appealed from be set aside and in lieu thereof it is ordered that the application be dismissed. 3. Liberty be granted to the parties to apply in respect of the form of orders dealing with the subsidiary orders made by the trial Judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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