BYRNES v TRELOAR and ORS [1997] NSWCA 56

BYRNES v TRELOAR and ORS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, POWELL and STEIN JJA 27 November 1997, 10 December 1997 [1997] NSWCA 56

Contract of employment — whether insubordinate conduct justified summary dismissal

The appellant was employed by the respondents, the trustees of a unincorporated sporting organisation, under a 2 year written contract. The respondents summarily dismissed the appellant after 6 months. The appellant's claim for unfair dismissal was dismissed by the trial judge.

On appeal:

The appellant argued she had not breached her contract of employment, or that any breach did not amount to repudiation of the contract justifying summary dismissal.

Held:

The appellant's conduct, including her refusal to recognise and obey the Executive Director, to whom she was responsible, amounts to insubordination inconsistent with her employment. The breaches were sufficiently serious to justify summary dismissal.

Loughridge v Lavery [1969] VR 912 Blyth Chemicals Ltd v Bushnell [1953]49 CLR 66 Adami v Maison de Luxe [1924] 35 CLR 143 applied.

Gleeson CJ I have had the benefit of reading in draft form the reasons for judgment of Stein JA. I agree with the orders proposed by his Honour and with his reasons for those orders.

Powell JA I agree with Stein JA.

Stein JA The appellant, Jacqueline Byrnes, appeals against the decision of Bell DCJ dismissing her claim for wrongful dismissal from her employment with an unincorporated body known as Athletics New South Wales. Messrs Treloar, Atterton and New are sued in their capacity as trustees of the association. His Honour found that the defendant was entitled to terminate the appellant's contract of employment.

Ms Byrnes became employed by Athletics NSW in December 1984 as State Coaching Director, although without any written contract. She had been a prominent athlete in the 1960's attaining fourth world ranking in the women's 400m in 1967. Her subsequent employment, as NSW Development Co-ordinator, was reduced to writing on 12 June 1992. As to the circumstances surrounding this his Honour said: