Shannon v Transfield Worley [2001] FCA 527

Shannon v Transfield Worley [2001] FCA 527

The reasons for dismissal under the relevant statutory provisions must be the actual reasons of the employer; it is not reasonably arguable as a matter of law that reasons held by a third party and not known or held by the employer can be attributed to the employer for the purpose of s 298K Workplace Relations Act 1996 (Cth).

Parties
Applicant: Albert Marshall Shannon; First Respondent: Transfield Worley; Second Respondent: Woodside Energy Limited
Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Motion to Amend Statement of Claim and Strike Out Motions / Interlocutory Application – Reasons for Judgment
Outcome
Applicant granted leave to amend statement of claim in certain respects; some amendments refused or to be further addressed.
Legal Topics
Dismissal for Prohibited Reasons, Amendment of Pleadings, Attribution of Reasons, Political Conviction Discrimination
Industrial Law Equal Opportunity Law Practice and Procedure Dismissal for Prohibited Reasons Amendment of Pleadings Attribution of Reasons Political Conviction Discrimination

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Parties

Albert Marshall Shannon

Applicant

Transfield Worley

First Respondent

Woodside Energy Limited

Second Respondent

Procedural Posture

Motion to Amend Statement of Claim and Strike Out Motions / Interlocutory Application – Reasons for Judgment

Legal Issues

  1. 1 Whether reasons of a third party (principal) can be attributed to employer for the purposes of s 298K of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether allegations that dismissal was for 'political conviction' under Equal Opportunity Act 1984 (WA) are arguably maintainable
  3. 3 Whether amendments to the statement of claim should be allowed

Ratio Decidendi

The reasons for dismissal under the relevant statutory provisions must be the actual reasons of the employer; it is not reasonably arguable as a matter of law that reasons held by a third party and not known or held by the employer can be attributed to the employer for the purpose of s 298K Workplace Relations Act 1996 (Cth).

Court Disposition

Applicant granted leave to amend statement of claim in certain respects; some amendments refused or to be further addressed.

Orders

  • The applicant has leave to amend his statement of claim in the manner referred to in the reasons published today.
  • Paragraph 18 to be amended by deletion of specified words.