National Union of Workers v Davids Distribution Pty Ltd [1998] FCA 1258

National Union of Workers v Davids Distribution Pty Ltd [1998] FCA 1258

Although the balance of convenience was finely balanced, the applicant's undertakings, including undertakings against industrial action and retaliation or victimisation, together with the respondent's lack of evidence explaining the asserted risks of returning the 52 employees to work, meant that interim orders should be made for two weeks pending further hearing.

Jurisdiction
Australia
Judgment Date
26 August 1998
Procedural Posture
Interlocutory Application / Interlocutory Relief
Outcome
Interlocutory relief granted for a limited period; further hearing adjourned.
Legal Topics
['interlocutory Orders' 'balance of Convenience' 'industrial Action' 'termination of Employment' 'undertakings' 'return to Work']
['industrial Relations' 'employment Law' 'civil Procedure'] ['interlocutory Orders' 'balance of Convenience' 'industrial Action' 'termination of Employment' 'undertakings' 'return to Work']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Interlocutory Relief

Legal Issues

  1. 1 ['Whether interim orders should be made requiring the respondent to treat persons employed on 8 July 1998 as employees with continuity of service, pending further discussions.' "Whether the balance of convenience favoured interim relief despite the respondent's concern about acrimony if approximately 52 employees returned to work." 'Whether asserted workplace acrimony was self evident in the absence of evidence.']

Ratio Decidendi

Although the balance of convenience was finely balanced, the applicant's undertakings, including undertakings against industrial action and retaliation or victimisation, together with the respondent's lack of evidence explaining the asserted risks of returning the 52 employees to work, meant that interim orders should be made for two weeks pending further hearing.

Court Disposition

Interlocutory relief granted for a limited period; further hearing adjourned.

Orders

  • ['Until 4 pm on 9 September 1998, the respondent, Davids Distribution Pty Ltd, by itself, its servants and agents, treat all persons employed by it on 8 July 1998 as employees of the respondent with continuity of service, save and except for the purpose of the payment of wages.' 'Until 4 pm on 9 September 1998, the...