Shaw v University of Queensland [1999] IRCA 5

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q146 of 1999

ON APPEAL FROM A JUDGE OF THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

BETWEEN: ROSLYN MARY SHAW

Applicant

AND: UNIVERSITY OF QUEENSLAND

Respondent

JUDGES: WILCOX CJ, MOORE and MARSHALL JJ

DATE OF ORDER: 20 AUGUST 1999

WHERE MADE: BRISBANE

CORRIGENDUM

Please replace the front page of the judgment in the abovementioned matter with the attached page herewith.

The words "FEDERAL COURT OF AUSTRALIA" and the citation at the top of the page has been amended to read:

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Shaw v University of Queensland [1999] IRCA 5

Associate:

Date:

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Shaw v University of Queensland [1999] IRCA 5

INDUSTRIAL LAW – Termination of employment – Alleged unlawful termination – Award provision enabling employer to require an employee whose capacity to perform her duties was in doubt to attend a medical examination – Presumption of incapacity upon failure to attend – Employee failed to attend for psychiatric examination – Presumption used as basis for termination – Whether termination was for a valid reason – Whether employee accorded procedural fairness.

Industrial Relations Act 1988, ss170DC and 170DE

Murdoch University v Mainsbridge (1988) 155 ALR 357, applied

ROSLYN MARY SHAW v UNIVERSITY OF QUEENSLAND

Q146 of 1999

WILCOX CJ, MOORE and MARSHALL JJ

BRISBANE

20 AUGUST 1999

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Shaw v University of Queensland [1999] IRCA 5

INDUSTRIAL LAW – Termination of employment – Alleged unlawful termination – Award provision enabling employer to require an employee whose capacity to perform her duties was in doubt to attend a medical examination – Presumption of incapacity upon failure to attend – Employee failed to attend for psychiatric examination – Presumption used as basis for termination – Whether termination was for a valid reason – Whether employee accorded procedural fairness.