Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
INDUSTRIAL LAW – Termination of employment – whether unlawful – valid reason – extent of employer's obligation to accord preference to existing employee over outside applicants for vacancy –whether existing employee satisfied relevant criteria for appointment to vacancy – interpretation of internal employee impact statement – nature of discretion to order reinstatement. Industrial Relations Act 1988 (Cth) ss 170DE(1), 170EE Industrial Relations and other Legislation Amendment Act 1995 (Cth) Selvachandran v Peteron Plastics (1995) 62 IR 371 Minister for Health v Ferry (1996) 65 IR 374 Liddell v Lembke (1994) 1 IRCR 466 Fryar v Systems Services Pty Ltd (1995) 60 IR 68 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 Patterson v Newcrest Mining Ltd (1996) 68 IR 419 Anthony Smith & Associates v Sinclair (1996) 67 IR 240
BLOOD TRANSFUSION SERVICE OF THE AUSTRALIAN RED CROSS v LEO RAFFOUL
VG 676 of 1997
RYAN, MOORE AND MARSHALL JJ
MELBOURNE
26 NOVEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 676 of 1997
ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE FEDERAL
COURT OF AUSTRALIA
BETWEEN: BLOOD TRANSFUSION SERVICE OF THE AUSTRALIAN RED CROSS
Appellant
AND: LEO RAFFOUL
Respondent
JUDGES: RYAN, MOORE AND MARSHALL JJ
DATE OF ORDER: 26 NOVEMBER 1998
WHERE MADE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed. Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 676 of 1997
ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE FEDERAL
COURT OF AUSTRALIA
BETWEEN: BLOOD TRANSFUSION SERVICE OF THE AUSTRALIAN RED CROSS
Appellant
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