Adlam, Carolyn Jennifer v Noack, Paul & Anor [1998] FCA 898

Adlam, Carolyn Jennifer v Noack, Paul & Anor [1998] FCA 898

Interim orders are justified given the seriousness and evidentiary support of the harassment allegations and in light of the need to balance the effective operation of the union with the applicant's right to a safe workplace; such orders are not inconsistent with the rules due to State Council resolution reallocating administrative functions, and the orders are appropriately confined so as not to prevent Mr Noack from performing essential duties as State Secretary.

Parties
Applicant: Carolyn Jennifer Adlam; Respondent: Paul Noack; Respondent: Douglas Cameron
Jurisdiction
Australia
Judgment Date
22 July 1998
Procedural Posture
Application for Interim Order Under S 209 Workplace Relations Act 1996 / Interim Orders Pending Hearing and Determination of Rule to Show Cause
Outcome
Interim orders granted upon undertaking by respondent Douglas Cameron.
Legal Topics
Interim Relief, Union Internal Governance, Sexual Harassment, Workplace Harassment, Observance and Performance of Union Rules
Industrial Law Interim Relief Union Internal Governance Sexual Harassment Workplace Harassment Observance and Performance of Union Rules

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Parties

Carolyn Jennifer Adlam

Applicant

Paul Noack

Respondent

Douglas Cameron

Respondent

Procedural Posture

Application for Interim Order Under S 209 Workplace Relations Act 1996 / Interim Orders Pending Hearing and Determination of Rule to Show Cause

Legal Issues

  1. 1 Whether interim orders should be made under s 209(4) of the Workplace Relations Act 1996 to restrain alleged harassment within a union
  2. 2 Whether orders sought are inconsistent with the exercise of powers and functions of an elected official under union rules

Ratio Decidendi

Interim orders are justified given the seriousness and evidentiary support of the harassment allegations and in light of the need to balance the effective operation of the union with the applicant's right to a safe workplace; such orders are not inconsistent with the rules due to State Council resolution reallocating administrative functions, and the orders are appropriately confined so as not to prevent Mr Noack from performing essential duties as State Secretary.

Court Disposition

Interim orders granted upon undertaking by respondent Douglas Cameron.

Orders

  • Mr Noack is to refrain from communicating with the applicant other than by written communication delivered by a third party, pending further hearing.
  • Mr Noack is to refrain from performing or seeking to perform administrative duties relating to the Technical and Supervisory Division of the Union or the applicant, pending further hearing.