Barlow v Qantas Airways Ltd [1997] IRCA 271

Barlow v Qantas Airways Ltd [1997] IRCA 271

The appeal is dismissed. 'Reinstated' in award clause 23(a)(ix) is not limited to cases following a successful appeal against dismissal; it includes circumstances where an employee is restored to employment due to employer conduct such as forced retirement or constructive dismissal, allowing restoration of seniority without loss. The reinstatement of third respondents did not require antecedent formal dismissal or appeal for continuous seniority.

Parties
Appellant: Rosemary Ann Barlow; First Respondent: Qantas Airways Limited; Second Respondent: Flight Attendants' Association of Australia; Third Respondents: Pamela Blacket, Faye Brown, Susan Burgess-Stitt, Anne Campbell, Jessica Davies, Marguerite Davis, Margaret Gliet, Ursula Kaiser, Megan Laurence, Loris Lawson, Suzanne Love-Davies, Ceiny Maybury, Anne McDonnel, Margaret McGirr, Mary Meyer, Patricia O'Connor, Anne O'Sullivan, Margaret Phillips, Gillian Powell, Peta Rattray, Lorraine Rook, Susan Whitty, Michele Williams, Cheryl Young
Jurisdiction
Australia
Judgment Date
19 September 1997
Procedural Posture
Appeal / Judgment on Appeal From Single Judge
Outcome
Appeal dismissed
Legal Topics
Interpretation of Industrial Award, Seniority Accrual, Reinstatement Vs Re Employment, Dismissal and Discriminatory Practices
Industrial Law Employment Law Interpretation of Industrial Award Seniority Accrual Reinstatement Vs Re Employment Dismissal and Discriminatory Practices

Case Brief

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Parties

Rosemary Ann Barlow

Appellant

Qantas Airways Limited

First Respondent

Flight Attendants' Association of Australia

Second Respondent

Pamela Blacket, Faye Brown, Susan Burgess-Stitt, Anne Campbell, Jessica Davies, Marguerite Davis, Margaret Gliet, Ursula Kaiser, Megan Laurence, Loris Lawson, Suzanne Love-Davies, Ceiny Maybury, Anne McDonnel, Margaret McGirr, Mary Meyer, Patricia O'Connor, Anne O'Sullivan, Margaret Phillips, Gillian Powell, Peta Rattray, Lorraine Rook, Susan Whitty, Michele Williams, Cheryl Young

Third Respondents

Procedural Posture

Appeal / Judgment on Appeal From Single Judge

Legal Issues

  1. 1 Whether 'reinstated' in award clause 23(a)(ix) is qualified by 'following a successful appeal against dismissal'
  2. 2 Whether flight attendants retired due to discriminatory practices and re-employed under Tribunal order were 'reinstated' under the award
  3. 3 Whether reinstatement only arises after dismissal by employer

Ratio Decidendi

The appeal is dismissed. 'Reinstated' in award clause 23(a)(ix) is not limited to cases following a successful appeal against dismissal; it includes circumstances where an employee is restored to employment due to employer conduct such as forced retirement or constructive dismissal, allowing restoration of seniority without loss. The reinstatement of third respondents did not require antecedent formal dismissal or appeal for continuous seniority.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed