ROTHMANS DISTRIBUTION SERVICES LTD v FULL COURT OF THE INDUSTRIAL COURT OF NEW SOUTH WALES [1994] NSWCA 272

ROTHMANS DISTRIBUTION SERVICES LTD v FULL COURT OF THE INDUSTRIAL COURT OF NEW SOUTH WALES [1994] NSWCA 272

No jurisdictional error by the Full Industrial Court was demonstrated; the consideration of subsequent events and payments to weekly employees when assessing fairness was within jurisdiction; the orders made were not ultra vires.

Parties
Claimant: Rothmans Distribution Services Ltd; 1st Opponent: Full Court of the Industrial Court of New South Wales; 2nd Opponent: KN Baker
Jurisdiction
Australia
Judgment Date
29 April 1994
Procedural Posture
Application for Orders in the Nature of Prohibition or Certiorari / Appeal From Full Industrial Court Decision
Outcome
summons dismissed with costs
Legal Topics
Industrial Arbitration, Unfair Contracts, Employment Redundancy, Statutory Relief, Jurisdictional Error
Industrial Law Contract Law Industrial Arbitration Unfair Contracts Employment Redundancy Statutory Relief Jurisdictional Error

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Parties

Rothmans Distribution Services Ltd

Claimant

Full Court of the Industrial Court of New South Wales

1st Opponent

KN Baker

2nd Opponent

Procedural Posture

Application for Orders in the Nature of Prohibition or Certiorari / Appeal From Full Industrial Court Decision

Legal Issues

  1. 1 Whether the Full Industrial Court exceeded its jurisdiction in ordering variation of employment contract under s275 Industrial Relations Act 1991
  2. 2 Whether consideration of events and payments to third parties (weekly employees) constitutes jurisdictional error
  3. 3 Whether the Industrial Court’s powers are confined to judicial rather than arbitral functions

Ratio Decidendi

No jurisdictional error by the Full Industrial Court was demonstrated; the consideration of subsequent events and payments to weekly employees when assessing fairness was within jurisdiction; the orders made were not ultra vires.

Court Disposition

summons dismissed with costs

Orders

  • Summons dismissed with costs.