Harry Kotsabas v. Martin Kingham and others [1994] IRCA 93

Harry Kotsabas v. Martin Kingham and others [1994] IRCA 93

The purported decision to make the applicant redundant and abolish his position was null and void, and there was no power to make that decision according to the union rules; the union is required to permit the applicant to perform his duties, pay him accordingly, and refrain from making amendments to abolish his office before 2 January 1997.

Jurisdiction
Australia
Judgment Date
27 October 1994
Procedural Posture
Industrial Relations / Final Orders and Reasons for Judgment
Outcome
Rule to show cause made absolute; relief granted to applicant
Legal Topics
['union Rules' 'redundancy' "organiser's Role"]
['industrial Law'] ['union Rules' 'redundancy' "organiser's Role"]

Case Brief

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Procedural Posture

Industrial Relations / Final Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the union had the power to make the applicant redundant and abolish the position held by him' 'Whether decisions by the Committee of Management and amendments to union rules were valid']

Ratio Decidendi

The purported decision to make the applicant redundant and abolish his position was null and void, and there was no power to make that decision according to the union rules; the union is required to permit the applicant to perform his duties, pay him accordingly, and refrain from making amendments to abolish his office before 2 January 1997.

Court Disposition

Rule to show cause made absolute; relief granted to applicant

Orders

  • ['Respondents, other than Mr D. Cafferty, to permit and take all steps to ensure applicant can perform duties of office as organiser in Building Unions Division, Victorian Divisional Branch of the union according to the rules thereof.' 'Respondents to ensure union pays applicant salary and emoluments of his office...