Willis, Sonia Gay v Chew, Robert Ling [1981] FCA 204
The defendant proved on the balance of probabilities that he did not dismiss the informant because she was a member of a registered organization or entitled to the benefit of an award; he lacked knowledge of her union membership at the relevant time, nor was entitlement to the award a substantial and operative factor in the decision.
- Parties
- Informant: Sonia Gay Willis; Defendant: Robert Ling Chew
- Jurisdiction
- Australia
- Judgment Date
- 09 October 1981
- Procedural Posture
- Industrial Law Prosecution / Judgment After Hearing
- Outcome
- information and summons dismissed
- Legal Topics
- Dismissal of Employee, Membership of Organization, Entitlement to Benefit of Award, Conciliation and Arbitration Act 1904 S.5
Case Brief
Summary, issues, holding and outcome
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Parties
Sonia Gay Willis
Informant
Robert Ling Chew
Defendant
Procedural Posture
Industrial Law Prosecution / Judgment After Hearing
Legal Issues
- 1 Whether the employee was dismissed because she was a member of an organization (union) or entitled to the benefit of an award within the meaning of s.5 of the Conciliation and Arbitration Act 1904
Ratio Decidendi
The defendant proved on the balance of probabilities that he did not dismiss the informant because she was a member of a registered organization or entitled to the benefit of an award; he lacked knowledge of her union membership at the relevant time, nor was entitlement to the award a substantial and operative factor in the decision.
Court Disposition
information and summons dismissed
Orders
- The information and summons be dismissed.
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