Quinn, John Richard v Martin, Barry [1977] FCA 62

Quinn, John Richard v Martin, Barry [1977] FCA 62

The breaches by Barry Martin of the Professional Divers' Award 1974 regarding payment to Lester Herbert Mayes and John Stuart Shepherd, together with earlier breaches dealt with by the Australian Industrial Court, arose out of a single course of conduct and are to be treated as a single breach under s.119(1A); since a penalty has already been imposed by a competent court, no further penalty can be imposed, but underpayments may be ordered to be paid under s.119(3).

Parties
Claimant: John Richard Quinn; Respondent: Barry Martin; Employee: Lester Herbert Mayes; Employee: John Stuart Shepherd
Jurisdiction
Australia
Judgment Date
16 September 1977
Procedural Posture
Breach of Award/industrial Law / Final Judgment
Outcome
order for payment of underpayments, no penalties imposed
Legal Topics
Breach of Award, Underpayment of Wages, Course of Conduct, Power to Order Payment Without Penalty
Industrial Law Breach of Award Underpayment of Wages Course of Conduct Power to Order Payment Without Penalty

Case Brief

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Parties

John Richard Quinn

Claimant

Barry Martin

Respondent

Lester Herbert Mayes

Employee

John Stuart Shepherd

Employee

Procedural Posture

Breach of Award/industrial Law / Final Judgment

Legal Issues

  1. 1 Whether breaches arising out of a course of conduct constitute a single breach under s.119(1A) of the Conciliation and Arbitration Act 1904
  2. 2 Whether the Court has power to order payment to employees where no penalty can be imposed
  3. 3 Interpretation of s.119(1A), (1B), and (3) of the Act

Ratio Decidendi

The breaches by Barry Martin of the Professional Divers' Award 1974 regarding payment to Lester Herbert Mayes and John Stuart Shepherd, together with earlier breaches dealt with by the Australian Industrial Court, arose out of a single course of conduct and are to be treated as a single breach under s.119(1A); since a penalty has already been imposed by a competent court, no further penalty can be imposed, but underpayments may be ordered to be paid under s.119(3).

Court Disposition

order for payment of underpayments, no penalties imposed

Orders

  • Respondent Barry Martin to pay Lester Herbert Mayes $5,314.71
  • Respondent Barry Martin to pay John Stuart Shepherd $1,804.94