Industrial Registrar of New South Wales v The Uniting Church in Australia Property Trust (NSW) [2003] NSWIRComm 388

Industrial Relations Commission of New South Wales in Court Session

CITATION : Industrial Registrar of New South Wales v The Uniting Church in Australia Property Trust (NSW) [2003] NSWIRComm 388 APPLICANT Industrial Registrar of New South Wales PARTIES : RESPONDENT The Uniting Church in Australia Property Trust (NSW) FILE NUMBER: IRC 4658 of 2002 CORAM: Marks J; Boland J; Haylen J Industrial Relations Act, 1996 - s 180 - contempt of Commission - s 106 proceedings - orders seeking to regulate process of investigation of employee misconduct and provide notice upon termination - employees stood down with pay - expedition of conciliation - before conciliation hearing respondent directs employees to attend meeting to respond to allegations of misconduct set out in Reply filed in Commission under threat of detriment including possible termination - employees fail to attend meeting and re-scheduled meeting - respondent terminates employees - contempt proceedings commenced by Full Court - whether circumstances surrounding direction to attend meeting and dismissal constitute contempt - allegation of conduct tending to interfere with due administration of justice - need to consider substance of charge of contempt rather than its form - each charge contained essential facts - further and better particulars supplied - further particulars unable to rise higher than terms of charge - charges of contempt not to be decided on points of pleading - four charges of contempt established - conduct of respondent had real and practical tendency to interfere with the course of justice - statutory duty of Commission to conciliate core claims rendered otiose CATCHWORDS : Contempt - Industrial Relations Act, 1996 - s 180 - contempt of Commission - s 106 proceedings - orders seeking to regulate process of investigation of employee misconduct and provide notice upon termination - employees stood down with pay - expedition of conciliation - before conciliation hearing respondent directs employees to attend meeting to respond to allegations of misconduct set out in Reply filed in Commission under threat of detriment including possible termination - employees fail to attend meeting and re-scheduled meeting - respondent terminates employees - contempt proceedings commenced by Full Court - whether circumstances surrounding direction to attend meeting and dismissal constitute contempt - allegation of conduct tending to interfere with due administration of justice - need to consider substance of charge of contempt rather than its form - each charge contained essential facts - further and better particulars supplied - further particulars unable to rise higher than terms of charge - charges of contempt not to be decided on points of pleading - four charges of contempt established - conduct of respondent had real and practical tendency to interfere with the course of justice - statutory duty of Commission to conciliate core claims rendered otiose