Morgan v Konway Express Pty Ltd [1996] IRCA 658

Morgan v Konway Express Pty Ltd [1996] IRCA 658

The State Act does not require the Commission to give effect to the Convention when determining remedies or exercising discretion to extend time, and Mr Morgan is not entitled to apply for an alternative remedy that satisfies the Convention; therefore, the Court should not decline to consider or determine the applicant's application under s 170ED.

Jurisdiction
Australia
Judgment Date
06 December 1996
Procedural Posture
Case Stated Pursuant to S 82 of the Industrial Relations Act 1988 (cwth) / Interlocutory Determination on Jurisdictional Question
Outcome
Jurisdiction retained; Court will hear application under Commonwealth Act
Legal Topics
['termination of Employment' 'alternative Remedies' 'international Labour Conventions' 'jurisdiction']
['industrial Law'] ['termination of Employment' 'alternative Remedies' 'international Labour Conventions' 'jurisdiction']

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Procedural Posture

Case Stated Pursuant to S 82 of the Industrial Relations Act 1988 (cwth) / Interlocutory Determination on Jurisdictional Question

Legal Issues

  1. 1 ['Whether the applicant is entitled to apply for an alternative remedy under the South Australian Industrial and Employee Relations Act 1994 that satisfies the requirements of Articles 4 to 11 of the Termination of Employment Convention' 'Whether the South Australian Industrial Relations Commission is required to exercise its discretion to grant extensions of time so as to give effect to the Convention']

Ratio Decidendi

The State Act does not require the Commission to give effect to the Convention when determining remedies or exercising discretion to extend time, and Mr Morgan is not entitled to apply for an alternative remedy that satisfies the Convention; therefore, the Court should not decline to consider or determine the applicant's application under s 170ED.

Court Disposition

Jurisdiction retained; Court will hear application under Commonwealth Act

Orders

  • ["The Court should not decline to consider or determine the applicant's application under s 170ED of the Industrial Relations Act 1988 (Cwth)" 'Matter listed before a Judicial Registrar for hearing on the merits']