Kidd, Jack Gordon v Savage River Mines [1984] FCA 462

Kidd, Jack Gordon v Savage River Mines [1984] FCA 462

The respondent failed to prove that the stand downs were justified under the award because there was available useful work for Mr. Bugg during the relevant periods and the bans in place did not constitute a 'strike' within the award meaning. Statutory/award entitlements could not be defeated by estoppel due to election to take annual leave. Therefore, there was a breach or non-observance of the Award.

Parties
Applicant: Jack Gordon Kidd; Respondent: Savage River Mines
Jurisdiction
Australia
Judgment Date
21 December 1984
Procedural Posture
Application for Penalty and Wages Underpayment Under S. 119 of the Conciliation and Arbitration Act 1904 / Judgment on Liability; Outcome on Penalty and Orders Reserved
Outcome
Breach or non-observance of the Award established; parties to be heard on penalty and other orders.
Legal Topics
Breach of Award, Stand Down of Employees, Estoppel, Statutory Interpretation
Industrial Law Breach of Award Stand Down of Employees Estoppel Statutory Interpretation

Case Brief

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Parties

Jack Gordon Kidd

Applicant

Savage River Mines

Respondent

Procedural Posture

Application for Penalty and Wages Underpayment Under S. 119 of the Conciliation and Arbitration Act 1904 / Judgment on Liability; Outcome on Penalty and Orders Reserved

Legal Issues

  1. 1 Whether employer breached award in standing down employees without pay when useful work was available
  2. 2 Whether stand down was 'on account of any strike' within the meaning of the award
  3. 3 Whether the employee and the union official applicant are estopped from the claim due to election to take annual leave

Ratio Decidendi

The respondent failed to prove that the stand downs were justified under the award because there was available useful work for Mr. Bugg during the relevant periods and the bans in place did not constitute a 'strike' within the award meaning. Statutory/award entitlements could not be defeated by estoppel due to election to take annual leave. Therefore, there was a breach or non-observance of the Award.

Court Disposition

Breach or non-observance of the Award established; parties to be heard on penalty and other orders.