Gregory, R.E. v Phillip Morris Ltd [1987] FCA 406
Applicant's dismissal for non-membership in the relevant trade union did not amount to a harsh, unjust or unreasonable dismissal under the Metal Industry Award, given the industrial environment and absence of indication the applicant would seek to restore membership. Therefore, the application is dismissed.
- Parties
- Applicant: Reginald Edgar Gregory; Respondent: Philip Morris Limited
- Jurisdiction
- Australia
- Judgment Date
- 22 July 1987
- Procedural Posture
- Industrial Law Application / Judgment and Orders
- Outcome
- Application dismissed
- Legal Topics
- Award Interpretation, Collective Agreements, Unfair Dismissal, Union Membership Requirements, Contract of Employment, Termination Procedures
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Reginald Edgar Gregory
Applicant
Philip Morris Limited
Respondent
Procedural Posture
Industrial Law Application / Judgment and Orders
Legal Issues
- 1 Whether dismissal breached cl. 6(d)(vi) of the Metal Industry Award 1984 by being harsh, unjust or unreasonable
- 2 Whether obligation not to dismiss 'unfairly or unreasonably' is void for uncertainty
- 3 Whether terms of a collective agreement are contract terms
Ratio Decidendi
Applicant's dismissal for non-membership in the relevant trade union did not amount to a harsh, unjust or unreasonable dismissal under the Metal Industry Award, given the industrial environment and absence of indication the applicant would seek to restore membership. Therefore, the application is dismissed.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment