Plumton v Cathay Hotel Pty Ltd [1987] FCA 616

Plumton v Cathay Hotel Pty Ltd [1987] FCA 616

The Court was not satisfied beyond reasonable doubt that Plumton was a 'delegate of an organisation' for the purposes of s.5(1) of the Conciliation and Arbitration Act 1904; nor that union membership, or status as delegate or proposed delegate, or dissatisfaction with conditions as a member of a union seeking better...

Source-derived case information.

Parties
Prosecutor: Christopher Plumton; Defendant: Cathay Hotel Pty. Ltd.
Jurisdiction
Australia
Judgment Date
22 October 1987
Procedural Posture
Prosecution Under Statute / Judgment
Outcome
information dismissed
Legal Topics
Dismissal of Employee, Union Delegate Status, Industrial Organisations, Employment Termination
Industrial Law Dismissal of Employee Union Delegate Status Industrial Organisations Employment Termination

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Parties

Christopher Plumton

Prosecutor

Cathay Hotel Pty. Ltd.

Defendant

Procedural Posture

Prosecution Under Statute / Judgment

Legal Issues

  1. 1 Whether the dismissal of Christopher Plumton was by reason of his status as a delegate, proposed delegate, or member of a union contrary to s.5(1) of the Conciliation and Arbitration Act 1904
  2. 2 Meaning of 'delegate' under s.5(1) of the Conciliation and Arbitration Act 1904
  3. 3 Whether Plumton was a delegate appointed in accordance with union rules

Ratio Decidendi

The Court was not satisfied beyond reasonable doubt that Plumton was a 'delegate of an organisation' for the purposes of s.5(1) of the Conciliation and Arbitration Act 1904; nor that union membership, or status as delegate or proposed delegate, or dissatisfaction with conditions as a member of a union seeking better conditions, was a substantial and operative factor in his dismissal.

Court Disposition

information dismissed

Orders

  • the information be dismissed
  • grant liberty to apply within 7 days on the question of costs