Wolrige, Ross & Anor v Australian Broadcasting Corp [1997] FCA 718

Wolrige, Ross & Anor v Australian Broadcasting Corp [1997] FCA 718

The Corporation failed to prove there were no positions within the Corporation for Mr Wolrige, as required to show a valid reason for termination on operational grounds under s 170DE(1). Reasonable attempts to redeploy were made, but full recourse to clauses 9.29 to 9.31 (substitution) was not attempted; thus, the statutory burden was not met, making the termination unlawful. Reinstatement is not impracticable or inappropriate in the circumstances.

Jurisdiction
Australia
Judgment Date
24 July 1997
Procedural Posture
Application for Review of an Order of Reinstatement / Unlawful Termination / Judgment on Review in the Federal Court of Australia
Outcome
Application for review dismissed. Judicial Registrar's order for reinstatement upheld.
Legal Topics
['unlawful Termination' 'redundancy' 'operational Requirements' 'reinstatement' 'industrial Agreements']
['industrial Law' 'employment Law'] ['unlawful Termination' 'redundancy' 'operational Requirements' 'reinstatement' 'industrial Agreements']

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Procedural Posture

Application for Review of an Order of Reinstatement / Unlawful Termination / Judgment on Review in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the employer had a valid reason for terminating employment based on operational requirements' 'Whether reinstatement is practicable or appropriate' 'Whether the termination contravened relevant provisions of the Industrial Relations Act 1988']

Ratio Decidendi

The Corporation failed to prove there were no positions within the Corporation for Mr Wolrige, as required to show a valid reason for termination on operational grounds under s 170DE(1). Reasonable attempts to redeploy were made, but full recourse to clauses 9.29 to 9.31 (substitution) was not attempted; thus, the statutory burden was not met, making the termination unlawful. Reinstatement is not impracticable or inappropriate in the circumstances.

Court Disposition

Application for review dismissed. Judicial Registrar's order for reinstatement upheld.

Orders

  • ['Application for review is dismissed.' 'Order of reinstatement (as made by Judicial Registrar) stands, with the clarification that subsequent lawful termination may occur in accordance with industrial instruments and prevailing legislative requirements.']