Lewis, B.L. & ors v Maynes, J.P. & ors [1988] FCA 379

Lewis, B.L. & ors v Maynes, J.P. & ors [1988] FCA 379

The Victorian State Executive is the committee of management for the Victorian Branch with power to dismiss employees under the Branch rules. The National Executive, on the true construction of the National Rules, has no power to direct the Victorian Executive as to whom they shall employ or dismiss. An interlocutory order is appropriate to maintain the status quo prior to the National Executive's impugned resolutions, pending final determination.

Parties
Applicant: Barbara Lee Lewis; Applicant: Sylvia Pearl Brooks; Applicant: Michael David Giddings; Applicant: Russell William Cole; Applicant: Lindsay James Tanner; Applicant: Emmanuel Lambrou; Applicant: Janet Ruth Wheatley; Respondent: J.P. Maynes; Respondent: J.D. Smith; Respondent: T.W. Sullivan; Respondent: R.J. Wasson; Respondent: M. Burke; Respondent: V. Higgins; Respondent: R.D. Clarke; Respondent: M. Strangwood; Respondent: J.D. Swords; Respondent: H.J. Darroch; Respondent: D.J. Fry; Respondent: L.T. Hauss
Jurisdiction
Australia
Judgment Date
04 July 1988
Procedural Posture
Application for Rule to Show Cause / Interlocutory (first Directions Hearing)
Outcome
Interlocutory (interim) relief granted
Legal Topics
Union Management Powers, Dismissal of Employees, Interim Relief, Interpretation of Union Rules
Employment Law Industrial Law Union Management Powers Dismissal of Employees Interim Relief Interpretation of Union Rules

Case Brief

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Parties

Barbara Lee Lewis

Applicant

Sylvia Pearl Brooks

Applicant

Michael David Giddings

Applicant

Russell William Cole

Applicant

Lindsay James Tanner

Applicant

Emmanuel Lambrou

Applicant

Janet Ruth Wheatley

Applicant

J.P. Maynes

Respondent

J.D. Smith

Respondent

T.W. Sullivan

Respondent

R.J. Wasson

Respondent

M. Burke

Respondent

V. Higgins

Respondent

R.D. Clarke

Respondent

M. Strangwood

Respondent

J.D. Swords

Respondent

H.J. Darroch

Respondent

D.J. Fry

Respondent

L.T. Hauss

Respondent

Procedural Posture

Application for Rule to Show Cause / Interlocutory (first Directions Hearing)

Legal Issues

  1. 1 Whether the National Executive of the Federated Clerks Union of Australia can countermand the Victorian State Executive's dismissal of organisers
  2. 2 Who has the power under the rules to dismiss Victorian Branch employees
  3. 3 Whether interlocutory relief restraining enforcement of National Executive resolutions should be granted

Ratio Decidendi

The Victorian State Executive is the committee of management for the Victorian Branch with power to dismiss employees under the Branch rules. The National Executive, on the true construction of the National Rules, has no power to direct the Victorian Executive as to whom they shall employ or dismiss. An interlocutory order is appropriate to maintain the status quo prior to the National Executive's impugned resolutions, pending final determination.

Court Disposition

Interlocutory (interim) relief granted

Orders

  • The respondents and each of them are ordered to treat the two National Executive resolutions (of 23 and 27 June 1988) as null and void and of no effect until the hearing and determination of these proceedings or until further order.