Thompson, Melanie v Boyne Smelters Ltd [1998] FCA 123

Thompson, Melanie v Boyne Smelters Ltd [1998] FCA 123

Because the Judicial Registrar's reinstatement and compensation orders had been quashed on review and were not of a character that conferred rights surviving reversal, Ms Thompson could not obtain further payment to give effect to those orders, and the respondent was entitled to repayment of the compensation paid under them.

Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Industrial Law Termination of Employment; Application for Reinstatement And/or Compensation for Allegedly Unlawful Termination / Notices of Motion After Review Quashing Judicial Registrar's Reinstatement and Compensation Orders
Outcome
Ms Thompson's Notice of Motion was declined; Boyne Smelters Ltd's application for repayment was granted.
Legal Topics
['termination of Employment' 'reinstatement' 'compensation' "review of Judicial Registrar's Decision" 'repayment of Compensation']
['industrial Law' 'employment Law'] ['termination of Employment' 'reinstatement' 'compensation' "review of Judicial Registrar's Decision" 'repayment of Compensation']

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Procedural Posture

Industrial Law Termination of Employment; Application for Reinstatement And/or Compensation for Allegedly Unlawful Termination / Notices of Motion After Review Quashing Judicial Registrar's Reinstatement and Compensation Orders

Legal Issues

  1. 1 ["Whether Ms Thompson had been reinstated according to the terms of the Judicial Registrar's order" 'Whether Ms Thompson was entitled to the difference between day work wages and continuous shift work wages after reinstatement' "Whether compensation paid under the Judicial Registrar's orders should be repaid to the respondent after those orders were quashed on review"]

Ratio Decidendi

Because the Judicial Registrar's reinstatement and compensation orders had been quashed on review and were not of a character that conferred rights surviving reversal, Ms Thompson could not obtain further payment to give effect to those orders, and the respondent was entitled to repayment of the compensation paid under them.

Court Disposition

Ms Thompson's Notice of Motion was declined; Boyne Smelters Ltd's application for repayment was granted.

Orders

  • ['The applicant pay to the respondent the sum of FOURTEEN THOUSAND SIX HUNDRED AND SEVENTY NINE DOLLARS AND FIFTY NINE CENTS ($14,679.59).']