Federal Court of Australia
FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - employment law - review of judicial registrar's decision - termination of employment - termination of employment unlawful, valid reason improper conduct towards a female employee.
INDUSTRIAL LAW - EMPLOYMENT LAW - TERMINATION OF EMPLOYMENT - the decision to terminate the applicant's employment, the OPPORTUNITY TO RESPOND required by section 170DC of the Act - whether termination of applicant's employment contravened s 170DE(1).
Industrial Relations Act 1988 (Cth),ss: 170DC, 170DE(1), 170EDA(1)(a), 170EE, 482 Workplace Relations Act 1996 (Cth) Nicolson v Heaven and Earth Gallery Pty Ltd (1994) 1 IRCR 199,cited Davis v Portseal Pty Limited (Moore J, 26 November 1996, unreported), cited
Davis v Portseal Pty Limited (1997) 72 IR 414, cited
S.C. Kelleher -v- CATHOLIC RECREATION
AND SPORTING CLUB LIMITED NI 3336 of 1995 O'CONNOR J SYDNEY 28 APRIL 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NI 3336 of 1995
BETWEEN: S.C. Kelleher
Applicant
AND: CATHOLIC RECREATION AND SPORTING CLUB LIMITED
Respondent
JUDGE: O'CONNOR j
DATE OF ORDER: 28 April 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NI 3336 of 1995
BETWEEN: S.C. Kelleher
Applicant
AND: CATHOLIC RECREATION AND SPORTING CLUB LIMITED
Respondent
JUDGE: O'CONNOR J
DATE: 28 april 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT HER HONOUR: In this matter I have reviewed the decision made by Judicial Registrar Locke on the 1 July 1997, dismissing an application by Mr Kelleher that the termination of his employment on the 14 August 1995, was unlawful within the meaning of s 170DC(1) and ss 170DC(a) and (b) of the Industrial Relations Act 1988, (later to become the Workplace Relations Act 1996) (the Act). The applicant had sought at that time the remedies of reinstatement, compensation and damages for breach of contract and seeks the same remedies in this application. While the matter was heard as a hearing in "de novo", both the applicant and the respondent identified parts of the previous hearing, both transcript and relation to exhibits, that they proposed to rely on in the Court hearing. These were as follows:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate