Zatorski v. Australian National Railways Commission [1980] FCA 140

Zatorski v. Australian National Railways Commission [1980] FCA 140

Lucyna Zatorski was not entitled to the Ticket Clerk salary because the Salaried Officers' (Australian National Railways) Award 1978 required that she be classified in the relevant grade or class and occupy a position in that classification. There was no evidence that the Commission appointed her to a position in the grade of Ticket Clerk; the offer of employment described her as a Station Assistant and offered employment in her substantive grade. Her duties alone could not establish entitlement under clause 4 of the award.

Jurisdiction
Australia
Judgment Date
02 October 1980
Procedural Posture
Industrial Law Claim for Balance of Salary Due / Appeal From the Federal Court of Australia
Outcome
Appeal allowed; order of 17 April 1980 set aside; Lucyna Zatorski's application dismissed.
Legal Topics
['award Classification' 'railway Service Employment' 'claim for Balance of Salary' 'appointment to a Position in a Grade or Class']
['industrial Law'] ['award Classification' 'railway Service Employment' 'claim for Balance of Salary' 'appointment to a Position in a Grade or Class']

Case Brief

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Procedural Posture

Industrial Law Claim for Balance of Salary Due / Appeal From the Federal Court of Australia

Legal Issues

  1. 1 ["Whether Lucyna Zatorski was entitled to be paid the salary prescribed under clause 4 of the Salaried Officers' (Australian National Railways) Award 1978 for the classification of Ticket Clerk." "Whether the duties performed by Lucyna Zatorski were sufficient to establish that she occupied a position in the classification of Ticket Clerk under the Salaried Officers' (Australian National Railways) Award 1978." 'Whether Lucyna Zatorski had been appointed by the Australian National Railways Commission to a position in the grade entitled Ticket Clerk.']

Ratio Decidendi

Lucyna Zatorski was not entitled to the Ticket Clerk salary because the Salaried Officers' (Australian National Railways) Award 1978 required that she be classified in the relevant grade or class and occupy a position in that classification. There was no evidence that the Commission appointed her to a position in the grade of Ticket Clerk; the offer of employment described her as a Station Assistant and offered employment in her substantive grade. Her duties alone could not establish entitlement under clause 4 of the award.

Court Disposition

Appeal allowed; order of 17 April 1980 set aside; Lucyna Zatorski's application dismissed.

Orders

  • ['The appeal be allowed.' 'The order of the Court of 17 April 1980 be set aside.' 'The application of Lucyna Zatorski dated 18 October 1979 in matter S.A. No.32 of 1979 be dismissed.']