Campbell v Gorman [1977] FCA 97

Campbell v Gorman [1977] FCA 97

The order was made because there was no satisfactory evidence that the ship's delegate was an official acting in the course of his duties within Rule 37.3(a), no evidence that the language used in the hot press area on 3 February was addressed to a delegate or was insulting or abusive, and the combination of the unclear and prejudged charge, the claimant's exclusion while evidence was taken, and receipt of unrelated character evidence amounted to a denial of natural justice.

Jurisdiction
Australia
Judgment Date
13 December 1977
Procedural Posture
Application Pursuant to Section 141 of the Conciliation and Arbitration Act 1904 / Reasons for Judgment and Order
Outcome
Order made absolute.
Legal Topics
['registered Organisation Disciplinary Proceedings' 'union Membership Suspension' 'natural Justice' 'domestic Tribunal Powers' 'interpretation of Union Rules']
['industrial Law' 'administrative Law'] ['registered Organisation Disciplinary Proceedings' 'union Membership Suspension' 'natural Justice' 'domestic Tribunal Powers' 'interpretation of Union Rules']

Case Brief

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Procedural Posture

Application Pursuant to Section 141 of the Conciliation and Arbitration Act 1904 / Reasons for Judgment and Order

Legal Issues

  1. 1 ["Whether Rule 37.3(a) applied to the alleged conduct because a ship's delegate was an official of the Association acting in the course of his duties." 'Whether there was evidence before the Federal Council capable of supporting a finding that the claimant breached Rule 37.3(a).' 'Whether the Federal Council denied the claimant natural justice in laying, notifying, hearing and determining the charge.' 'Whether the Court should exercise its discretion to refuse relief because the claimant admitted using foul language to Mr Grenville on 8 February.']

Ratio Decidendi

The order was made because there was no satisfactory evidence that the ship's delegate was an official acting in the course of his duties within Rule 37.3(a), no evidence that the language used in the hot press area on 3 February was addressed to a delegate or was insulting or abusive, and the combination of the unclear and prejudged charge, the claimant's exclusion while evidence was taken, and receipt of unrelated character evidence amounted to a denial of natural justice.

Court Disposition

Order made absolute.

Orders

  • ["The nine firstnamed Respondents and each of them treat and continue to treat as a nullity all proceedings which took place at Room 68, Trades Hall, Goulburn Street, Sydney at or about 2.50 p.m. on 3 March 1976 in relation to charges laid against the claimant under Rule 37 of the Rules of the Federated Marine...