Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134

Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134

The balance of convenience favours temporarily reinstating Mr Johnston to his former employment pending trial, based on undertakings offered by the applicants to mitigate risks of harassment and disruption in the workplace.

Parties
First Applicant: The Maritime Union of Australia; Second Applicant: Mark Anthony Johnston; Respondent: DP World Melbourne Limited
Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Interlocutory Application / Interlocutory
Outcome
Interlocutory order for temporary reinstatement granted
Legal Topics
Interlocutory Relief, Unfair Dismissal, Union Delegate Rights, Enterprise Bargaining Agreement, Bullying and Harassment
Employment Law Industrial Relations Interlocutory Relief Unfair Dismissal Union Delegate Rights Enterprise Bargaining Agreement Bullying and Harassment

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Parties

The Maritime Union of Australia

First Applicant

Mark Anthony Johnston

Second Applicant

DP World Melbourne Limited

Respondent

Procedural Posture

Interlocutory Application / Interlocutory

Legal Issues

  1. 1 Whether the dismissal of Mr Johnston was unlawful under the Fair Work Act 2009 (Cth) due to his role as a union delegate
  2. 2 Whether the balance of convenience favours reinstatement pending trial

Ratio Decidendi

The balance of convenience favours temporarily reinstating Mr Johnston to his former employment pending trial, based on undertakings offered by the applicants to mitigate risks of harassment and disruption in the workplace.

Court Disposition

Interlocutory order for temporary reinstatement granted

Orders

  • The respondent must reinstate Mr Johnston to his former employment under conditions which applied immediately prior to 28 January 2014, until the hearing and determination of the application or further order.
  • The application is adjourned to a directions hearing at 10.15 am on 28 March 2014.