Cicciarelli v Qantas Airways Ltd [2012] FCA 56

FEDERAL COURT OF AUSTRALIA

Cicciarelli v Qantas Airways Ltd [2012] FCA 56 Citation: Cicciarelli v Qantas Airways Ltd [2012] FCA 56

Parties: LUIGI CICCIARELLI and MICHAEL INGUANTI v QANTAS AIRWAYS LTD (ACN 009 661 901)

File number: VID 398 of 2009

Judge: KENNY J

Date of judgment: 7 February 2012

Catchwords: INDUSTRIAL LAW – termination of employment of first and second applicants – alleged breaches of s 792 of the Workplace Relations Act 1996 (Cth) – applicants delegates of industrial organisation – whether applicants' employment was terminated for a prohibited reason – whether respondent discharged the reverse onus imposed by s 809 – respondent provided an explanation of reasons for termination of applicants' employment and extensive evidence of investigation prior to dismissals – respondent alleged that applicants organised and incited industrial action or attempted to do so – applicants denied those allegations – respondent undertook investigation process – found that first applicant had organised and incited industrial action – found that second applicant had attempted to organise and incite industrial action – applicants challenged investigation process – held that the investigation process was sufficient and it was open to decision maker to make relevant findings on material – delegates dismissed for misconduct – held: onus under s 809 discharged CONTRACTS – whether breach of employment contract – applicants summarily – respondent claimed that relevant contracts of employment contained processes for dealing with alleged misconduct – open to respondent to dismiss employee on summary basis where those procedures followed – whether respondent's policies and procedures followed – applicants challenged investigation process – no contractual right to protection from harsh, unjust or unreasonable termination – applicants engaged in conduct warranting summary dismissal – held: no breach of contract by the respondent