Visscher v The Honourable President Justice Giudice [2009] HCA 34

HIGH COURT OF AUSTRALIA

GUMMOW, HEYDON, CRENNAN, KIEFEL AND BELL JJ

TIMOTHY VISSCHER APPLICANT

AND

THE HONOURABLE PRESIDENT

JUSTICE GIUDICE & ORS RESPONDENTS

Visscher v The Honourable President Justice Giudice

[2009] HCA 34

2 September 2009

S30/2008

ORDER

1. Special leave to appeal granted. 2. Appeal treated as instituted, heard instanter and allowed. 3. Set aside the orders of the Full Court of the Federal Court made on 21 December 2007 and in lieu thereof order that: + 1. a writ of certiorari issue to the Australian Industrial Relations Commission quashing: 4. the decision of the Full Bench of the Australian Industrial Relations Commission dated 9 October 2006 in matter C2006/132; and 5. the decision of Commissioner Redmond of the Australian Industrial Relations Commission dated 5 May 2006 in matter U2004/2387; and 6. a writ of mandamus issue to the Australian Industrial Relations Commission, directing it to hear and determine matter U2004/2387 in accordance with law.

On appeal from the Federal Court of Australia

Representation

J T Gleeson SC with N J Owens for the applicant (instructed by Yeldham Price O'Brien Lusk Lawyers)

G J Hatcher SC with B K B Cross for the second respondent (instructed by Deacons Lawyers)

Submitting appearance for the first respondents

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

CATCHWORDS

Timothy Visscher v The Honourable President Justice Giudice

Industrial law – Contract of employment – Where employee promoted to Chief Officer but promotion later sought to be rescinded by employer – Where employee continued to perform duties and receive salary equivalent to that of Chief Officer – Whether rescission of promotion effective to terminate contract of employment.