Briers, D. v Australian Telecommunications Commission Byrnes, L.J. v Australian Telecommunications Commission [1979] FCA 90

Briers, D. v Australian Telecommunications Commission Byrnes, L.J. v Australian Telecommunications Commission [1979] FCA 90

Clause 5 of the award does not incorporate the Telecommunications Act 1975, its regulations, or by-laws into the award; the employer's conduct in refusing to pay claimants for not performing directed work does not constitute suspension or dismissal under the award; Division 6 of the Telecommunications Act only codifies procedures for actual dismissals and punishments, not circumstances where employees refuse to perform work as directed.

Parties
Claimant: David Briers; Claimant: Leo John Byrnes; Respondent: Australian Telecommunications Commission
Jurisdiction
Australia
Judgment Date
05 September 1979
Procedural Posture
Claim for Penalty Under S.119 of the Conciliation and Arbitration Act 1904 / Final Judgment
Outcome
claims dismissed
Legal Topics
Award Interpretation, Suspension of Employment, Incorporation of Statute Into Award
Industrial Law Award Interpretation Suspension of Employment Incorporation of Statute Into Award

Case Brief

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Parties

David Briers

Claimant

Leo John Byrnes

Claimant

Australian Telecommunications Commission

Respondent

Procedural Posture

Claim for Penalty Under S.119 of the Conciliation and Arbitration Act 1904 / Final Judgment

Legal Issues

  1. 1 Whether refusal to perform certain tasks as directed constitutes suspension, dismissal or punishment under the award
  2. 2 Whether the Telecommunications Act 1975 is incorporated into the Australian Telecommunications Commission Award 1975 via Clause 5
  3. 3 Whether Division 6 of the Telecommunications Act 1975 provides an exhaustive code for employer action regarding suspension or dismissal

Ratio Decidendi

Clause 5 of the award does not incorporate the Telecommunications Act 1975, its regulations, or by-laws into the award; the employer's conduct in refusing to pay claimants for not performing directed work does not constitute suspension or dismissal under the award; Division 6 of the Telecommunications Act only codifies procedures for actual dismissals and punishments, not circumstances where employees refuse to perform work as directed.

Court Disposition

claims dismissed

Orders

  • The claim of David Briers is dismissed.
  • The claim of Leo John Byrnes is dismissed.