Hyde v Chrysler (Australia) Limited [1977] FCA 87
The evidence established that Hyde was dismissed as part of a redundancy and because he was believed to be a supporter of 'Rank & File', not due to being a shop steward or delegate. The company discharged the onus under s.5(4) of the Act; shop stewards have no immunity from dismissal merely arising from their delegate status.
- Parties
- Informant: Jefferson Hyde; Defendant: Chrysler (Australia) Limited
- Jurisdiction
- Australia
- Judgment Date
- 28 November 1977
- Procedural Posture
- Criminal Prosecution (industrial Law) / Judgment and Order
- Outcome
- Information dismissed.
- Legal Topics
- Redundancy, Dismissal of Shop Stewards, Employer Rights, Conciliation and Arbitration
Case Brief
Summary, issues, holding and outcome
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Parties
Jefferson Hyde
Informant
Chrysler (Australia) Limited
Defendant
Procedural Posture
Criminal Prosecution (industrial Law) / Judgment and Order
Legal Issues
- 1 Whether the dismissal of Jefferson Hyde was in contravention of s.5(1)(a) and (f) of the Conciliation and Arbitration Act 1904
- 2 Whether the fact that the employee was a shop steward or delegate of an organisation prevented his retrenchment
- 3 Whether the dismissals were discriminatory or victimisation prohibited by the Act
Ratio Decidendi
The evidence established that Hyde was dismissed as part of a redundancy and because he was believed to be a supporter of 'Rank & File', not due to being a shop steward or delegate. The company discharged the onus under s.5(4) of the Act; shop stewards have no immunity from dismissal merely arising from their delegate status.
Court Disposition
Information dismissed.
Orders
- That the information be dismissed.
Full Case Text
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