Dianne Burgess v Snowy Mountains Engineering Corporation Limited [1996] IRCA 43

Dianne Burgess v Snowy Mountains Engineering Corporation Limited [1996] IRCA 43

The application for review was dismissed because it was open to the Judicial Registrar to accept Ms Burgess' account, supported by Ms Bentley's evidence and the 14 December meeting minutes, that Mr Boniface had indicated his mind was already made up before Ms Burgess responded to the criticisms. Although the Judicial Registrar should have referred to Mr Brundell's evidence, that evidence was not critical. Wilcox CJ was not satisfied that the Judicial Registrar misunderstood Ms Bentley's evidence and, having not seen or heard the witnesses, had no basis to interfere with the Judicial Registrar's assessment of credit or findings of fact.

Jurisdiction
Australia
Judgment Date
20 February 1996
Procedural Posture
Industrial Law Unlawful Termination of Employment / Application Under S.377 of the Industrial Relations Act 1988 for Review of Orders Made by a Judicial Registrar
Outcome
Application for review dismissed; orders made by the Judicial Registrar confirmed.
Legal Topics
['unlawful Termination of Employment' "review of Judicial Registrar's Decision" 'pre Termination Opportunity to Respond' 'witness Credit and Findings of Fact' 'industrial Relations Act 1988 S.170 Dc']
['industrial Law' 'employment Law'] ['unlawful Termination of Employment' "review of Judicial Registrar's Decision" 'pre Termination Opportunity to Respond' 'witness Credit and Findings of Fact' 'industrial Relations Act 1988 S.170 Dc']

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Procedural Posture

Industrial Law Unlawful Termination of Employment / Application Under S.377 of the Industrial Relations Act 1988 for Review of Orders Made by a Judicial Registrar

Legal Issues

  1. 1 ['Whether the Judicial Registrar erred in finding that, before Ms Burgess was given an opportunity to respond to criticisms, Mr Boniface said words to the effect that he had made up his mind and would terminate her employment regardless of what she said.' "Whether the Judicial Registrar misunderstood Ms Bentley's evidence about the meeting on 30 November 1994." "Whether there was a basis on review to interfere with the Judicial Registrar's findings of fact and credit."]

Ratio Decidendi

The application for review was dismissed because it was open to the Judicial Registrar to accept Ms Burgess' account, supported by Ms Bentley's evidence and the 14 December meeting minutes, that Mr Boniface had indicated his mind was already made up before Ms Burgess responded to the criticisms. Although the Judicial Registrar should have referred to Mr Brundell's evidence, that evidence was not critical. Wilcox CJ was not satisfied that the Judicial Registrar misunderstood Ms Bentley's evidence and, having not seen or heard the witnesses, had no basis to interfere with the Judicial Registrar's assessment of credit or findings of fact.

Court Disposition

Application for review dismissed; orders made by the Judicial Registrar confirmed.

Orders

  • ['The application for review be dismissed.' 'The balance of the money payable pursuant to the orders made by Judicial Registrar Patch on 3 October 1995, with interest thereon calculated in accordance with Order 35 rule 8, be paid by the respondent to the applicant within 21 days.']