Wayne Edward Kelly and Construction, Forestry, Mining and Energy Union [1994] IRCA 180

Wayne Edward Kelly and Construction, Forestry, Mining and Energy Union [1994] IRCA 180

There is evidence on the elements of the alleged offences under s335 of the Industrial Relations Act 1988 which, if accepted and viewed in the light most favourable to the prosecution, could sustain a conviction. The defendant therefore has a case to answer.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 February 1995
Procedural Posture
Criminal Proceeding / No Case to Answer Submission at Close of Prosecutor's Case
Outcome
Defendant has a case to answer; no case submission dismissed
Legal Topics
['breach of S335 Industrial Relations Act 1988' 'liability of Unions for Acts of Officers' "interpretation of 'industrial Action'" 'organisational Criminal Liability']
['industrial Law' 'criminal Law'] ['breach of S335 Industrial Relations Act 1988' 'liability of Unions for Acts of Officers' "interpretation of 'industrial Action'" 'organisational Criminal Liability']

Source-derived case record

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Procedural Posture

Criminal Proceeding / No Case to Answer Submission at Close of Prosecutor's Case

Legal Issues

  1. 1 ['Whether the prosecution has established a prima facie case under s335 of the Industrial Relations Act 1988' 'Whether specific intent needed to be proved' "Meaning and proof of 'refusal to engage in industrial action'" 'Whether conduct of officer could be attributed to the defendant union under s335(4)' 'Effect of possible unlawfulness/illegality of conduct under other statutes']

Ratio Decidendi

There is evidence on the elements of the alleged offences under s335 of the Industrial Relations Act 1988 which, if accepted and viewed in the light most favourable to the prosecution, could sustain a conviction. The defendant therefore has a case to answer.

Court Disposition

Defendant has a case to answer; no case submission dismissed

Orders

  • []