Lennie v Hawkes [1996] IRCA 472

DECISION NO:472/96 CATCHWORDS INDUSTRIAL LAW - claim by applicants for recovery of wages - lockout - whether applicants validly locked out of their employment - whether employer entitled to refuse to pay remuneration - whether lockout protected action Industrial Relations Act 1988 ss 170PD, 170PG, 170PH, 170PM, 179 Industrial Relations Reform Act 1993 Employment Contracts Act 1991 (NZ) Amalgamated Society of Engineers (Perth Branch) v Millars' Karri and Jarrah Co (1902) Ltd (1907) 9 WAR 207 Gapes v Commercial Bank of Australia Ltd (1979) 41 FLR 27 Stemp v Australian Glass Manufacturers Co Ltd (1916-1917) 23 CLR 226 Witehira v Presbyterian Support Services (Northern) [1994] 1 ERNZ 578 No. DI 1044 of 1996 JUDITH ANNE LENNIE v DAVID HAWKES AND SARAH J BUTTERWORTH No. DI 1045 of 1996 ROBERT LAIRD v DAVID HAWKES AND SARAH J BUTTERWORTH JUDGE: Marshall J PLACE: Melbourne (heard in Darwin) DATE: 4 October 1996

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) NORTHERN TERRITORY DISTRICT REGISTRY) No. DI 1044 of 1996 BETWEEN: JUDITH ANNE LENNIE Applicant AND: DAVID HAWKES AND SARAH J BUTTERWORTH Respondents JUDGE: Marshall J PLACE: Melbourne (heard in Darwin) DATE: 4 October 1996 ORDER THE COURT ORDERS THAT: 1. The respondent shall pay the applicant the sum of $248 on or before 25 October 1996. 2. The proceeding otherwise be adjourned until 10.15 am on 28 October 1996 in Melbourne for the hearing of submissions on the question of interest. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) NORTHERN TERRITORY DISTRICT REGISTRY) No. DI 1045 of 1996 BETWEEN: ROBERT LAIRD Applicant AND: DAVID HAWKES AND SARAH J BUTTERWORTH Respondents JUDGE: Marshall J PLACE: Melbourne (heard in Darwin) DATE: 4 October 1996 ORDER THE COURT ORDERS THAT: 1. The respondent shall pay the applicant the sum of $243.73 on or before 25 October 1996. 2. The proceeding otherwise be adjourned until 10.15 am on 28 October 1996 in Melbourne for the hearing of submissions on the question of interest. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.