Fraser v Fletcher Construction Australia Limited [1996] IRCA 575

Fraser v Fletcher Construction Australia Limited [1996] IRCA 575

For there to be a 'refusal to employ' under s334(2) of the Industrial Relations Act, evidence must establish that a position or vacancy existed at the time of the alleged refusal; absent such evidence, the offence is not made out.

Parties
Prosecutor: Lindsay Fraser; Prosecutor: Victor Raymond Fitzgerald; Defendant: Fletcher Construction Australia Limited
Jurisdiction
Australia
Judgment Date
23 October 1996
Procedural Posture
Industrial Offence Prosecution / Ruling on No Case to Answer and Judgment
Outcome
Charges dismissed
Legal Topics
Victimisation of Union Delegates, Refusal to Employ, Interpretation of S334(2) Industrial Relations Act 1988
Industrial Law Victimisation of Union Delegates Refusal to Employ Interpretation of S334(2) Industrial Relations Act 1988

Case Brief

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Parties

Lindsay Fraser

Prosecutor

Victor Raymond Fitzgerald

Prosecutor

Fletcher Construction Australia Limited

Defendant

Procedural Posture

Industrial Offence Prosecution / Ruling on No Case to Answer and Judgment

Legal Issues

  1. 1 What constitutes 'refusal to employ' under s334(2) of the Industrial Relations Act, 1988.
  2. 2 Whether a refusal to employ can be established absent evidence of available positions.

Ratio Decidendi

For there to be a 'refusal to employ' under s334(2) of the Industrial Relations Act, evidence must establish that a position or vacancy existed at the time of the alleged refusal; absent such evidence, the offence is not made out.

Court Disposition

Charges dismissed

Orders

  • The charges are dismissed.