Nucifora, Alexander John & Ors v Mapstone, David John Garland & Ors [1983] FCA 317

Nucifora, Alexander John & Ors v Mapstone, David John Garland & Ors [1983] FCA 317

The Federal Rules of the Federated Clerks Union of Australia do not confer a right on staff dismissed from employment by a Branch Council to appeal to the Federal Executive unless the dismissal arises from a disciplinary procedure imposing penalties on a member. Accordingly, the Federal Executive lacks power to hear or determine such an appeal, to employ the dismissed persons pending appeal to perform the same work, or to require the branch to reimburse wages paid.

Parties
Appellants (respondents): Alexander John Nucifora, Gordon McPherson, David Lewis, Graham Treacy, Paul Griffiths, Patrick James Brophy, Tadeusz Marian Kowalski, Vincent McKenna, John Peter Maynes, Joan Riordan, Terrence William Sullivan, Richard John Wasson, Vincent Higgins, Douglas Fry, John Daniel Smith, Maxwell Muller, Leslie Thomas Hauff, John Duncan Cameron; Respondents (applicants): David John Garland Mapstone, Bernadette Anne Callaghan, Gabrielle Mary Crawford, Christopher Woods, Dianne Margaret Linnane
Jurisdiction
Australia
Judgment Date
04 November 1983
Procedural Posture
Appeal / Appellate Judgments on Appeals From a Single Judge of the Federal Court of Australia
Outcome
Appeals dismissed
Legal Topics
Union Rules and Structure, Employee Dismissal, Right of Appeal Within Unions, Autonomy of Union Branches
Industrial Law Union Rules and Structure Employee Dismissal Right of Appeal Within Unions Autonomy of Union Branches

Case Brief

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Parties

Alexander John Nucifora, Gordon McPherson, David Lewis, Graham Treacy, Paul Griffiths, Patrick James Brophy, Tadeusz Marian Kowalski, Vincent McKenna, John Peter Maynes, Joan Riordan, Terrence William Sullivan, Richard John Wasson, Vincent Higgins, Douglas Fry, John Daniel Smith, Maxwell Muller, Leslie Thomas Hauff, John Duncan Cameron

Appellants (respondents)

David John Garland Mapstone, Bernadette Anne Callaghan, Gabrielle Mary Crawford, Christopher Woods, Dianne Margaret Linnane

Respondents (applicants)

Procedural Posture

Appeal / Appellate Judgments on Appeals From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether under the rules of the Federated Clerks Union of Australia, dismissed branch employees had the right to appeal to the Federal Executive from termination of employment by a Branch Council; whether the Federal Executive had power to hear such appeals; whether the Federal Executive could employ dismissed branch staff pending determination of their appeals and claim reimbursement from the Branch for their wages.

Ratio Decidendi

The Federal Rules of the Federated Clerks Union of Australia do not confer a right on staff dismissed from employment by a Branch Council to appeal to the Federal Executive unless the dismissal arises from a disciplinary procedure imposing penalties on a member. Accordingly, the Federal Executive lacks power to hear or determine such an appeal, to employ the dismissed persons pending appeal to perform the same work, or to require the branch to reimburse wages paid.

Court Disposition

Appeals dismissed

Orders

  • The appeal be dismissed (Q. No. 4 of 1983)
  • The appeal be dismissed (Q. No. 5 of 1983)