High Court of Australia
BI Ack. 3.7. Reg fo. 098 2)a W811 1G2.
72 C.L.R. OF AUSTRALIA. . a gs Co. (7783, 1rWwrR YO,
{HIGH COURT OF AUSTRALIA.)
' < 7 . k F 4 . APPELLANT ; Iyrormant, AND DOYLE . = f i : E ' . RESPONDENT. _ DrrEnpant,
Ex-members of the Forces—Reinstatement in employment—Termination of that employment—Prohibition by statute—Breach—* Employer "—Inclusion of the Crown—Liability of Crown to penalties imposed by the statute—Charge of aiding and abetting breach—Principal offence—Proof—Re-establishment and Employment Act 1945 (No. 11 of 1945), ss. 10, 18 (1), (2)—Crimes Act 1914-1941 (No. 12 of 1914—No. 6 of 1941), s. 5.
'The Re-establ ishment and Employment Act 1945, by s. 10, defines " employer," unless the contrary intention appears, as including the Crown (whether in right of the Commonwealth or of a State): and provides, by s. 18, (1) that when an employer has reinstated a former employee in accordance with the Division of the Act containing the section, he shall not without reasonable cause terminate the employment of that employee: Penalty £100; and (2) that, in proceedings for a contravention of the section, the onus of proof of reasonable cause shall be upon the employer. Section 5 of the Crimes Act 1914-1941 provides that any person who aids, abets, counsels or procures, or 'by any act or omission is in any way directly or indirectly concerned in, or party to, the commission of any offence against any law of the Commonwealth, shall be deemed to have committed that offence and shall be punishable accordingly.
D., the manager of a munition factory conducted by the Commonwealth Government was charged before a magistrate that he without reasonable 'cause did terminate the employment of W. contrary to the provisions of s. 18 of the Re-establishment and Employment Act 1945 and s. 5 of the Crimes Act 1914-1941. W. was a former employee at the factory and, upon his return from war-service, had been reinstated in accordance with the Act. By a 'notice issued in accordance with instructions from the Department of Munitions and signed by the Industrial Officer on behalf of D. and with his authority, 'W.'s employment was terminated, the reason stated being the cessation of VOL, LXXII. 27
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