Kweifio-Okai v RMIT University [1999] FCA 1686

Kweifio-Okai v RMIT University [1999] FCA 1686

By majority, the appeal was dismissed because the appellant was not permitted to advance for the first time on appeal the contractual contention that RMIT could not require him to relocate or work from the city campus, since that contention had not been run before the primary judge and could have required evidence and findings about construction, waiver, surrounding circumstances and the parties' dealings. On the issues properly before the Court, no error was shown in the primary judge's conclusion that the direction to work at the city campus was reasonable in light of the breakdown of working relationships at Bundoora, and the appellant's refusal to comply provided a valid reason...

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Industrial Law Appeal Concerning Alleged Unlawful Termination of Employment Under S170 EA of the Industrial Relations Act 1988 (cth) / Appeal From a Judgment of a Single Judge of the Federal Court Dismissing a Review of a Judicial Registrar's Dismissal of the Application
Outcome
Appeal dismissed.
Legal Topics
['valid Reason for Termination' 'lawful and Reasonable Directions' 'relocation Between University Campuses' 'new Issues on Appeal' 'construction of Employment Contract' 'misconduct Investigation']
['industrial Law' 'employment Law' 'contract Law' 'appellate Procedure'] ['valid Reason for Termination' 'lawful and Reasonable Directions' 'relocation Between University Campuses' 'new Issues on Appeal' 'construction of Employment Contract' 'misconduct Investigation']

Case Brief

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Procedural Posture

Industrial Law Appeal Concerning Alleged Unlawful Termination of Employment Under S170 EA of the Industrial Relations Act 1988 (cth) / Appeal From a Judgment of a Single Judge of the Federal Court Dismissing a Review of a Judicial Registrar's Dismissal of the Application

Legal Issues

  1. 1 ["Whether the appellant's employment was terminated for a valid reason connected with his conduct." "Whether the respondent's direction requiring the appellant to work at the city campus was reasonable." 'Whether the appellant could raise on appeal a contractual argument that was not run before the primary judge.' "Whether the respondent's direction conflicted with the appellant's employment term that he would be based at the Bundoora Campus but might be required to work at other campuses." "Whether any error was shown in the primary judge's treatment of the Misconduct Investigation Committee investigation or witness credibility."]

Ratio Decidendi

By majority, the appeal was dismissed because the appellant was not permitted to advance for the first time on appeal the contractual contention that RMIT could not require him to relocate or work from the city campus, since that contention had not been run before the primary judge and could have required evidence and findings about construction, waiver, surrounding circumstances and the parties' dealings. On the issues properly before the Court, no error was shown in the primary judge's conclusion that the direction to work at the city campus was reasonable in light of the breakdown of working relationships at Bundoora, and the appellant's refusal to comply provided a valid reason...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']