Eljazzar v BHP Iron Ore Pty Ltd [1996] IRCA 98

Federal Court of Australia

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CATCHWORDS INDUSTRIAL LAW - UNLAWFUL TERMINATION - MISCONDUCT - whether termination for MISCONDUCT was HARSH, UNJUST OR UNREASONABLE INDUSTRIAL LAW - ESTOPPEL - RES JUDICATA - privity of interest - whether proceedings brought by Union before the Commission gave rise to ISSUE ESTOPPEL or RES JUDICATA The Administration of the Territory of Papua and New Guinea and Another v Daera Guba(1973) 130 CLR 353 Ramsay v Pigram(1968) 118 CLR 271 Gleeson v J Wippell & Co Ltd (1977) 2 All ER 54 Hatchett v Bowater Tutt Industries Pty Ltd (1990) 26 FCR 561 Young v Public Service Board (1982) 2 NSWLR 456 Carl Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] 1 AC 853 Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (In Liq) (1993) 43 FCR 510 Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (In Liq) (1992) 36 FCR 406 ROBBIE RAHIF ELJAZZAR v. BHP IRON ORE PTY LTD WI 1671 of 1995 CORAM: MADGWICK J PLACE: PERTH DATE: 26 MARCH 1996

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. WI 1671 of 1995 BETWEEN ROBBIE RAHIF ELJAZZAR Applicant AND BHP IRON ORE PTY LTD Respondent CORAM: MADGWICK J PLACE: PERTH DATE: 26 MARCH 1996 MINUTES OF ORDER The Court orders that: 1. the matter be remitted for hearing before a Judicial Registrar; 2. the issue of costs be remitted to Ritter JR for decision.

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. WI 1671 of 1995 BETWEEN ROBBIE RAHIF ELJAZZAR Applicant AND BHP IRON ORE PTY LTD Respondent CORAM: MADGWICK J PLACE: PERTH DATE: 26 MARCH 1996 REASONS FOR JUDGMENT MADGWICK J: These proceedings are a conventional enough claim for relief in respect of alleged unlawful termination of employment. The aspect that concerns me now and which was, by consent, tried separately, is whether the respondent has a threshold defence to the proceedings founded on res judicata or issue estoppel. I announced at the conclusion of argument that the defence failed and remitted the matter to the local Deputy Registrar for further directions in relation to the hearing of the matter. I reserved my reasons and now publish them.

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IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. WI 1671 of 1995 BETWEEN ROBBIE RAHIF ELJAZZAR Applicant AND BHP IRON ORE PTY LTD Respondent CORAM: MADGWICK J PLACE: PERTH DATE: 26 MARCH 1996 MINUTES OF ORDER The Court orders that: 1. the matter be remitted for hearing before a Judicial Registrar; 2. the issue of costs be remitted to Ritter JR for decision.

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. WI 1671 of 1995 BETWEEN ROBBIE RAHIF ELJAZZAR Applicant AND BHP IRON ORE PTY LTD Respondent CORAM: MADGWICK J PLACE: PERTH DATE: 26 MARCH 1996 REASONS FOR JUDGMENT MADGWICK J: These proceedings are a conventional enough claim for relief in respect of alleged unlawful termination of employment. The aspect that concerns me now and which was, by consent, tried separately, is whether the respondent has a threshold defence to the proceedings founded on res judicata or issue estoppel. I announced at the conclusion of argument that the defence failed and remitted the matter to the local Deputy Registrar for further directions in relation to the hearing of the matter. I reserved my reasons and now publish them.

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