Micallef v Donnelly [2002] FCA 221

Micallef v Donnelly [2002] FCA 221

Interim relief was denied because Mr Micallef failed to take reasonable steps to resolve the dispute within the organisation by refusing to cooperate with the investigation, despite the unreasonableness of Mr Donnelly's exclusion from duties, and as required by s 209(3) of the Workplace Relations Act 1996 (Cth).

Parties
Applicant: Francis Micallef; Respondent: Charles Donnelly
Jurisdiction
Australia
Judgment Date
12 March 2002
Procedural Posture
Application for Interim Relief / Interlocutory Decision
Outcome
dismissed
Legal Topics
Rules of an Organisation, Lawful Directions Under Rules, Fiduciary Obligations, Interim Relief, Discretion to Grant Relief, Reasonable Steps to Resolve Disputes
Industrial Law Rules of an Organisation Lawful Directions Under Rules Fiduciary Obligations Interim Relief Discretion to Grant Relief Reasonable Steps to Resolve Disputes

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Parties

Francis Micallef

Applicant

Charles Donnelly

Respondent

Procedural Posture

Application for Interim Relief / Interlocutory Decision

Legal Issues

  1. 1 Whether unreasonable directions under union rules are lawful
  2. 2 Whether a member owes fiduciary duties to the union
  3. 3 Whether interim relief should be granted given failure to cooperate

Ratio Decidendi

Interim relief was denied because Mr Micallef failed to take reasonable steps to resolve the dispute within the organisation by refusing to cooperate with the investigation, despite the unreasonableness of Mr Donnelly's exclusion from duties, and as required by s 209(3) of the Workplace Relations Act 1996 (Cth).

Court Disposition

dismissed

Orders

  • The application for interim relief be dismissed.