Blackadder v Ramsey Butchering Services Pty Ltd [2005] HCA 22

HIGH COURT OF AUSTRALIA

McHUGH, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

STEPHEN BLACKADDER APPELLANT

AND

RAMSEY BUTCHERING SERVICES PTY LTD

RESPONDENT

Blackadder v Ramsey Butchering Services Pty Ltd

[2005] HCA 22

27 April 2005

S186/2004

ORDER

1. Appeal allowed;

2. Set aside the orders of the Full Court of the Federal Court of Australia dated 21 February 2003 and, in their place, order that:

a. the appeal be allowed in part;

b. order 3 of the orders of Madgwick J in the Federal Court of Australia dated 21 May 2002 be varied by deleting therefrom the words "and for a period of 14 days thereafter";

c. order 4 of those orders be set aside; and

d. otherwise the appeal be dismissed.

On appeal from the Federal Court of Australia

Representation:

S C Rothman SC with C T Magee for the appellant (instructed by MRM Solicitors)

G J Hatcher SC with B K B Cross for the respondent (instructed by Hannigans Solicitors)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Blackadder v Ramsey Butchering Services Pty Ltd

Industrial law – Reinstatement – Employer ordered to reinstate dismissed employee to the position in which he was employed prior to being dismissed – Employer reinstated employee subject to conditions – Employee paid wage but not provided with work – Whether reinstatement order made under s 170CH of the Workplace Relations Act 1996 (Cth) requires employer to provide employee with work – Whether employee was reinstated to the position in which he was employed prior to being dismissed.

Federal Court – Jurisdiction – Power – Whether Federal Court may make an order for enforcement of reinstatement order.

Words and phrases – "position", "reappoint", "reinstate".

Workplace Relations Act 1996 (Cth), ss 178, 170CH, 170JC(3).