Williams, Jeffrey v Printers Trade Services [1984] FCA 69

Williams, Jeffrey v Printers Trade Services [1984] FCA 69

The respondent did not establish, on the balance of probabilities, that the conduct of either Mrs. Farrell or Miss Clifford amounted to such inefficiency or neglect of duty as would justify summary dismissal within the meaning of the common law principles preserved by clause 9(c)(ii) of the Graphic Arts Award 1977. The alternative of termination with notice remained available; therefore, the summary dismissals constituted breaches of the Award.

Jurisdiction
Australia
Judgment Date
30 March 1984
Procedural Posture
Application Under S.119 of the Conciliation and Arbitration Act 1904 for Imposition of Penalties and Alleged Underpayment of Wages / Judgment After Hearing
Outcome
Breach of award found against respondent; declaration and payment ordered.
Legal Topics
['summary Dismissal' 'breach of Award' 'onus of Proof' 'common Law Principles of Summary Dismissal']
['industrial Law' 'employment Law'] ['summary Dismissal' 'breach of Award' 'onus of Proof' 'common Law Principles of Summary Dismissal']

Case Brief

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Procedural Posture

Application Under S.119 of the Conciliation and Arbitration Act 1904 for Imposition of Penalties and Alleged Underpayment of Wages / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the summary dismissal of two employees constituted a breach of the Graphic Arts Award 1977' 'Whether the employer carried the onus to justify summary dismissal for inefficiency or neglect of duty' 'The standard required at law for summary dismissal in industrial/employment context']

Ratio Decidendi

The respondent did not establish, on the balance of probabilities, that the conduct of either Mrs. Farrell or Miss Clifford amounted to such inefficiency or neglect of duty as would justify summary dismissal within the meaning of the common law principles preserved by clause 9(c)(ii) of the Graphic Arts Award 1977. The alternative of termination with notice remained available; therefore, the summary dismissals constituted breaches of the Award.

Court Disposition

Breach of award found against respondent; declaration and payment ordered.

Orders

  • ['Declaration that the respondent committed a breach of clause 9(c) of the Graphic Arts Award 1977 by summarily dismissing Margaret Farrell and Melanie Clifford.' 'Order that the respondent pay to the applicant on behalf of Margaret Farrell and Melanie Clifford the sum of $422.02.' 'No order as to costs of the...