Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Visscher v Teekay Shipping (Australia) Pty Ltd (No 4) [2012] FCA 1247 Citation: Visscher v Teekay Shipping (Australia) Pty Ltd (No 4) [2012] FCA 1247
Parties: TIMOTHY VISSCHER AND TEEKAY SHIPPING (AUSTRALIA) PTY LTD ACN 079 641 580
File number: NSD 308 of 2007
Judge: KATZMANN J
Date of judgment: 9 November 2012
Catchwords: SHIPPING AND NAVIGATION – Admiralty – masters and seamen – seaman's wages – alleged delay in payment of wages on discharge from ship – Navigation Act 1912 (Cth), ss 75(1), 78, 83 – application of provisions to a salaried deck officer remunerated under a certified agreement – relationship between certified agreement and provisions of Pt 2 of the Navigation Act – operation of s 83 of the Navigation Act – whether certified agreement void to the extent of any inconsistency – meaning of "discharge" for purposes of ss 75, 78 – whether seaman discharged at the end of voyages – whether "wages" in ss 75, 78 includes accrued leave – whether delay in payment of wages due to seaman's act or default, a reasonable dispute as to liability for the wages or to any other cause not attributable to the wrongful act or default of the owner or master of the ship INDUSTRIAL LAW – relationship between certified agreement and provisions of Pt 2 of the Navigation Act – whether employment came to an end by resignation or constructive dismissal – constructive dismissal by demotion – where rescission of promotion repudiation of contract of employment – whether rescission effective – whether employee accepted repudiation STATUTORY INTERPRETATION – implied repeal – whether industrial agreement effected implied repeal of Navigation Act – construction of collective agreement – division and headings WORDS AND PHRASES – "final settlement" – "wages"
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