Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603

FEDERAL COURT OF AUSTRALIA

Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603 INDUSTRIAL LAW - application for relief for alleged unlawful treatment of applicant employee by respondent employer after respondent ordered by Australian Industrial Relations Commission to reinstate applicant to pre-termination position of employment – whether respondent had failed to comply with Commission's orders – consideration of "reinstatement" – whether it involves a return to the workplace – consideration of right to work under common law – whether implied contractual duty to provide work Respondent required applicant to attend medical examination as pre-condition to his return to work – whether applicant required to undergo medical examination – respondent ceased payment of applicant's wages for failure to attend medical examination – whether respondent's conduct breached relevant Australian Workplace Agreement Respondent directed applicant to utilise annual holiday and accrued sick leave entitlements – applicant had not sought nor agreed to utilise such leave entitlements – whether breach of relevant Australian Workplace Agreement

Workplace Relations Act 1996 Cth, s 170CH Jackson v Fisher's Foils Limited [1944] KB 316, referred to Hodge v Ultra Electric Ltd [1943] KB 462, cited Perkins v Grace Worldwide (Aust) Pty Ltd (1996-7) 72 IR 186, referred to Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 57 IR 50, referred to State Rail Authority (NSW) v Bauer J (1994) 55 IR 263, referred to Marbe v George Edwardes (Daly's Theatre) Ltd [1928] 1 KB 269, referred to Australian Rugby League Ltd v Cross (1997) 39 IPR 111, referred to Wesoky v Village Cinemas International Pty Ltd [2001] FCA 32, referred to William Hill Organisation Ltd v Tucker [1999] ICR 291, referred to Byrne v Australian Airlines Ltd (1995) 185 CLR 410, applied Seymour v Stawell Timber Industries Pty Ltd (1985) 9 FCR 241, distinguished PKIU v Vista Paper Products Pty Limited (1994) 57 IR 414, referred to STEPHEN BLACKADDER v RAMSEY BUTCHERING SERVICES PTY LTD N756 of 2000