Myles, Robert Hugh v Hooker Cockram Ltd [1986] FCA 326

Myles, Robert Hugh v Hooker Cockram Ltd [1986] FCA 326

The defendant's dismissal of the prosecutor was substantially and operatively for the reason that he was a member of the BLF; the defendant did not discharge the onus to prove otherwise under s. 5(4) of the Act and is guilty of the offence. However, as the prosecutor had refused an offer of re-employment,...

Source-derived case information.

Parties
Prosecutor: Robert Hugh Myles; Defendant: Hooker Cockram Limited
Jurisdiction
Australia
Judgment Date
24 July 1986
Procedural Posture
Criminal Proceeding (information for Offence Under Industrial Law) / Judgment and Sentencing
Outcome
Defendant convicted; monetary penalty ordered; reinstatement refused; wages award to be determined pending application.
Legal Topics
Unlawful Dismissal, Union Membership and Discrimination, Reinstatement, Penalty on Conviction
Industrial Law Employment Law Unlawful Dismissal Union Membership and Discrimination Reinstatement Penalty on Conviction

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Parties

Robert Hugh Myles

Prosecutor

Hooker Cockram Limited

Defendant

Procedural Posture

Criminal Proceeding (information for Offence Under Industrial Law) / Judgment and Sentencing

Legal Issues

  1. 1 Whether Hooker Cockram Limited dismissed Robert Hugh Myles by reason of the circumstance that he was a member of the BLF
  2. 2 Whether reinstatement of the prosecutor is appropriate in the circumstances
  3. 3 Whether the prosecutor is entitled to lost wages

Ratio Decidendi

The defendant's dismissal of the prosecutor was substantially and operatively for the reason that he was a member of the BLF; the defendant did not discharge the onus to prove otherwise under s. 5(4) of the Act and is guilty of the offence. However, as the prosecutor had refused an offer of re-employment, reinstatement was not ordered and lost wages were only to be awarded up to the date of the re-employment offer.

Court Disposition

Defendant convicted; monetary penalty ordered; reinstatement refused; wages award to be determined pending application.

Orders

  • Hooker Cockram Limited convicted of offence of dismissing Robert Hugh Myles by reason of his union membership.
  • Hooker Cockram Limited to pay a penalty of $150.00.