Crozier, in the matter of an application for Writs of Certiorari and Mandamus against the Australian Industrial Relations Commission [2001] FCA 1031

FEDERAL COURT OF AUSTRALIA

Crozier, in the matter of an application for Writs of Certiorari and Mandamus against the Australian Industrial Relations Commission [2001] FCA 1031 INDUSTRIAL LAW – whether termination of employment harsh, unjust or unreasonable – whether jurisdictional error in first respondents' decision – factors to be considered under s 170CG(3) – whether valid reason for termination related to the capacity of employee – meaning of "capacity" – whether there can be valid reason related to capacity when employee is performing to his or her best ability but not satisfying job requirements – failure by employer to provide procedural fairness – matters of evidential weight and cogency for Full Bench WORDS & PHRASES – "capacity" Workplace Relations Act 1996, s 170CE(1)(a), s 170CG(3)

Craig v State of South Australia (1995) 184 CLR 163 applied

IN THE MATTER of an application for Writs of Certiorari and Mandamus against VICE PRESIDENT ROSS, SENIOR DEPUTY PRESIDENT ACTON and COMMISSIONER CRIBB (Members of a Full Bench of the Australian Industrial Relations Commission) AND PALAZZO CORPORATION PTY LTD trading as NOBLE PARK STORAGE & TRANSPORT (ACN 006 471 834); Ex Parte PETER CROZIER

V 52 of 2001

GRAY, BRANSON & KENNY JJ

1 AUGUST 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 52 OF 2001

IN THE MATTER of an Application for Writs Of Certiorari and Mandamus against:

VICE PRESIDENT ROSS

and

SENIOR DEPUTY PRESIDENT ACTON

and