Cornwall, Bruce Richard v QANTAS Airways Ltd [1997] FCA 1402

Cornwall, Bruce Richard v QANTAS Airways Ltd [1997] FCA 1402

Although Mr Cornwall struck Mr McCue, the assault was relatively minor and was materially brought about by Mr McCue's series of unnecessarily officious approaches while exercising temporary supervisory authority, together with Mr Cornwall's emotional distress arising from matrimonial difficulties. Having regard also to Mr Cornwall's nine years of service and the absence of reliance by QANTAS on any prior history of workplace violence, QANTAS did not have a valid reason for dismissal. The late argument against reinstatement based on Mr Cornwall's untruthfulness was rejected in the circumstances.

Jurisdiction
Australia
Judgment Date
08 December 1997
Procedural Posture
Unlawful Termination Proceedings Under Division 3 of Part VIA of the Industrial Relations Act 1988 (cth) / Respondent's Application Following Judicial Registrar Mc Ilwaine's Declaration and Reinstatement Orders
Outcome
Respondent's application dismissed.
Legal Topics
['unlawful Termination' 'valid Reason for Dismissal' 'workplace Assault' 'reinstatement']
['industrial Relations' 'employment Law'] ['unlawful Termination' 'valid Reason for Dismissal' 'workplace Assault' 'reinstatement']

Case Brief

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Procedural Posture

Unlawful Termination Proceedings Under Division 3 of Part VIA of the Industrial Relations Act 1988 (cth) / Respondent's Application Following Judicial Registrar Mc Ilwaine's Declaration and Reinstatement Orders

Legal Issues

  1. 1 ["Whether QANTAS had a valid reason under s 170DE(1) of the Industrial Relations Act 1988 (Cth) to terminate Mr Cornwall's employment because he struck his supervisor." "Whether the circumstances of the striking, including the supervisor's conduct, Mr Cornwall's emotional distress and length of service, meant dismissal was not justified." 'Whether reinstatement should be refused despite there being no valid reason for dismissal.']

Ratio Decidendi

Although Mr Cornwall struck Mr McCue, the assault was relatively minor and was materially brought about by Mr McCue's series of unnecessarily officious approaches while exercising temporary supervisory authority, together with Mr Cornwall's emotional distress arising from matrimonial difficulties. Having regard also to Mr Cornwall's nine years of service and the absence of reliance by QANTAS on any prior history of workplace violence, QANTAS did not have a valid reason for dismissal. The late argument against reinstatement based on Mr Cornwall's untruthfulness was rejected in the circumstances.

Court Disposition

Respondent's application dismissed.

Orders

  • ["The respondent's application be dismissed."]