Haritou v Kyriacou [2001] FCA 959

Haritou v Kyriacou [2001] FCA 959

The motion was dismissed because the evidence did not sufficiently involve the respondents in the alleged abusive language or vehicle damage, did not establish an arguable case that the applicant was restricted from attending the union offices, provided no basis for several restraining orders, and the inter-office memorandum was sufficient in the circumstances. The salary claim was part of the substantive proceeding and inappropriate for interlocutory determination on the material, while the motor vehicle and mobile phone would be made available if the applicant resumed duties.

Jurisdiction
Australia
Judgment Date
05 July 2001
Procedural Posture
Industrial Law Application for Interim Order Under S 209(4) of the Workplace Relations Act 1996 (cth) / Notice of Motion for Interim Injunction
Outcome
Motion dismissed.
Legal Topics
['internal Union Dispute' 'interim Injunction' 'union Rules' 'alleged Harassment and Intimidation' 'access to Union Premises' 'salary and Employment Entitlements']
['industrial Law'] ['internal Union Dispute' 'interim Injunction' 'union Rules' 'alleged Harassment and Intimidation' 'access to Union Premises' 'salary and Employment Entitlements']

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Procedural Posture

Industrial Law Application for Interim Order Under S 209(4) of the Workplace Relations Act 1996 (cth) / Notice of Motion for Interim Injunction

Legal Issues

  1. 1 ['Whether interim orders should be made restraining alleged harassment, intimidation, obstruction and interference with property by the respondents.' 'Whether the respondents should be ordered on an interim basis to give directions to officers, employees and members of the branch about conduct towards the applicant.' 'Whether interim orders should be made for payment of unpaid and continuing salary and reinstatement of use of a motor vehicle and mobile phone.']

Ratio Decidendi

The motion was dismissed because the evidence did not sufficiently involve the respondents in the alleged abusive language or vehicle damage, did not establish an arguable case that the applicant was restricted from attending the union offices, provided no basis for several restraining orders, and the inter-office memorandum was sufficient in the circumstances. The salary claim was part of the substantive proceeding and inappropriate for interlocutory determination on the material, while the motor vehicle and mobile phone would be made available if the applicant resumed duties.

Court Disposition

Motion dismissed.

Orders

  • ['The motion is dismissed.']