Rice v University of Queensland [1998] IRCA 9

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - review of decision of judicial registrar - allegations of serious misconduct against a university lecturer - unlawful termination of employment provisions of Workplace Relations Act - Award provided that allegations were to be investigated by an independent Committee - Committee recommended that the employee be dismissed - employer bound by Award to act in accordance with that recommendation - employer had a "VALID REASON" based on operational requirements - overlap between "conduct" and "operational requirements" reasons for termination - meaning of "serious dereliction of duty" - Committee erred in law - whether "old" conduct may be relied on - strict requirements of Award - interpretation of Award.

Industrial Relations Act 1988 (Cth), s 170DE

Chambers v James Cook University (1995) 61 IR 121, applied Cosco v Van Do and Ors (FCA, Full Court, 4/12/1997), applied Craig v South Australia (1995) 131 ALR 595, referred Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621, applied H & H Security Pty Ltd v Toliopoulos (IRCA, Madgwick J, unreported, 25 July 1997), referred Hozack v Church of Jesus Christ of Latter Day Saints (FCA, Madgwick J, 27/11/97), applied John Lysaght (Aust.) Ltd. v F.I.A. (1972) 14 AILR 517, applied Mainsbridge v Murdoch University (FCA, Madgwick J, 13/2/98), applied Nikoloska v Stirling Ethnic Aged Community Hospital (1996) 68 IR 165), referred Port of Melbourne Authority v. Anshun Pty Ltd (1981) 147 CLR 589, referred Scharmann v Apia Club Ltd (1983) 6 IR 157, applied Sherman v Peabody Coal Ltd (FCA, Moore J, unreported, 27 February 1998), referred T C N Channel 9 Pty Ltd v Australian Broadcasting Tribunal (1992) 28 ALD 829, referred H & H Security Pty Ltd v Toliopoulos (IRCA, Madgwick J, unreported, 25 July 1997), applied RICE v UNIVERSITY OF QUEENSLAND QI 1042 of 1995