Major v State of South Australia [1999] FCA 1684

FEDERAL COURT OF AUSTRALIA

Major v State of South Australia [1999] FCA 1684 INDUSTRIAL LAW – Respondent refused to extend applicant's period of special leave without pay – whether that refusal together with respondent's threat of disciplinary action against the applicant constituted injury to the applicant in his employment within the meaning of s298K(1)(b) of the Workplace Relations Act 1996 (Cth) ("the Act") or alteration of his position to his prejudice within the meaning of s298K(1)(c) of the Act – whether any such injury or alteration occurred in part for reasons prohibited by s298L(1)(a) and (m) of the Act. Workplace Relations Act 1996 (Cth) s298K, s298L Technical and Further Education Regulations 1998 regs16(3), 37, 68 Technical and Further Education Act (SA) 1975 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [No 3] (1998) 72 ALJR 873, applied

JOHN RIDGEWAY MAJOR -v- THE STATE OF SOUTH AUSTRALIA

S48 OF 1999 MARSHALL J 3 DECEMBER 1999 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S48 OF 1999

BETWEEN: JOHN RIDGEWAY MAJOR

Applicant

AND: THE STATE OF SOUTH AUSTRALIA

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 3 DECEMBER 1999

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S48 OF 1999

BETWEEN: JOHN RIDGEWAY MAJOR

Applicant

AND: THE STATE OF SOUTH AUSTRALIA

Respondent

JUDGE: MARSHALL J

DATE: 3 DECEMBER 1999

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application for orders pursuant to s298U of the Workplace Relations Act 1996 (Cth) ("the Act"). The applicant, Mr Major, is the Secretary of the South Australian branch of the Australian Education Union ("the Union"). He is also an employee of the State of South Australia in its Department of Education, Training and Employment ("the Department"). He has not been physically engaged in his duties in the Department and its predecessors since January 1984 when he was granted special leave without pay to commence employment with a predecessor of the Union. Mr Major received successive periods of extension of such special leave until 28 February 1999. 2 The proceeding before the Court arises as a result of the failure of the respondent to accede to Mr Major's request to grant a further period of special leave without pay beyond 28 February 1999 until 31 December 2001 and its intention to proceed with disciplinary charges against him in the event that he does not resign from the Department.