Bradford, Steven v Prentice Builders Pty Ltd [1986] FCA 344

Bradford, Steven v Prentice Builders Pty Ltd [1986] FCA 344

The court found one of the substantial and operative reasons for the prosecutor’s dismissal was his membership in the BLF; the defendant failed to prove otherwise. Reinstatement was refused because the prosecutor was offered re-employment on no less favourable terms but refused; however, reimbursement for lost wages up to the offer date was appropriate.

Parties
Prosecutor: Steven Bradford; Defendant: Prentice Builders Pty. Ltd.
Jurisdiction
Australia
Judgment Date
24 July 1986
Procedural Posture
Criminal (industrial Offence) / Judgment and Orders
Outcome
Conviction, penalty imposed, reinstatement not ordered, reimbursement of lost wages partially ordered
Legal Topics
Dismissal for Union Membership, Employer Liability, Reinstatement Discretion, Lost Wages Reimbursement
Industrial Law Dismissal for Union Membership Employer Liability Reinstatement Discretion Lost Wages Reimbursement

Case Brief

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Parties

Steven Bradford

Prosecutor

Prentice Builders Pty. Ltd.

Defendant

Procedural Posture

Criminal (industrial Offence) / Judgment and Orders

Legal Issues

  1. 1 Whether the dismissal of the prosecutor was 'by reason of the circumstance' of union membership under s. 5 of the Conciliation and Arbitration Act 1904
  2. 2 Appropriate exercise of discretion to order reinstatement after conviction
  3. 3 Whether lost wages should be reimbursed given offer of re-employment

Ratio Decidendi

The court found one of the substantial and operative reasons for the prosecutor’s dismissal was his membership in the BLF; the defendant failed to prove otherwise. Reinstatement was refused because the prosecutor was offered re-employment on no less favourable terms but refused; however, reimbursement for lost wages up to the offer date was appropriate.

Court Disposition

Conviction, penalty imposed, reinstatement not ordered, reimbursement of lost wages partially ordered

Orders

  • Prentice Builders Pty. Ltd. is convicted of dismissing Steven Bradford for union membership
  • Penalty of $150.00 imposed