WOLRIGE & THE ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS AUSTRALIA v AUSTRALIAN BROADCASTING CORPORATION [1997] IRCA 83

WOLRIGE & THE ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS AUSTRALIA v AUSTRALIAN BROADCASTING CORPORATION [1997] IRCA 83

The application for a stay was dismissed because no sufficient case was made out by the Corporation; a stay order was not justified as the Corporation failed to show a valid reason for the termination nor a clear error in the Judicial Registrar's decision; potential consequences of reinstatement or the creation of a new position do not in themselves justify a stay.

Parties
First Applicant: Ross Wolrige; Second Applicant: The Association of Professional Engineers, Scientists and Managers Australia; Respondent: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
27 February 1997
Procedural Posture
Industrial Law Application for Stay of Orders Pending Review / Application for Stay of Judicial Registrar's Orders Pending Hearing of Review
Outcome
Application for stay dismissed
Legal Topics
Unlawful Termination, Stay of Orders, Reinstatement, Workplace Relations Act 1996
Industrial Law Employment Law Unlawful Termination Stay of Orders Reinstatement Workplace Relations Act 1996

Case Brief

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Parties

Ross Wolrige

First Applicant

The Association of Professional Engineers, Scientists and Managers Australia

Second Applicant

Australian Broadcasting Corporation

Respondent

Procedural Posture

Industrial Law Application for Stay of Orders Pending Review / Application for Stay of Judicial Registrar's Orders Pending Hearing of Review

Legal Issues

  1. 1 Whether the orders of the Judicial Registrar requiring reinstatement of Mr Wolrige should be stayed pending review
  2. 2 Whether there was a valid reason for the termination of Mr Wolrige's employment

Ratio Decidendi

The application for a stay was dismissed because no sufficient case was made out by the Corporation; a stay order was not justified as the Corporation failed to show a valid reason for the termination nor a clear error in the Judicial Registrar's decision; potential consequences of reinstatement or the creation of a new position do not in themselves justify a stay.

Court Disposition

Application for stay dismissed

Orders

  • The application for an order staying the orders of the Judicial Registrar of 29 November 1996 is dismissed.