Community and Public Sector Union v Stella Call Centre Pty Ltd [2000] FCA 1739

Community and Public Sector Union v Stella Call Centre Pty Ltd [2000] FCA 1739

Although the applicants had a prima facie case and the statutory presumption in s 298V applied, the respondent also had a considerable prima facie case concerning performance issues and the leave incident, giving rise to trust and confidence concerns. Reinstatement pending hearing risked serious disputation, while payment of Ms Maddox's average fortnightly earnings and expedition of the final hearing was a fair and convenient interim adjustment. Interlocutory reinstatement was therefore refused.

Jurisdiction
Australia
Judgment Date
20 November 2000
Procedural Posture
Industrial Law Application for Penalties, Reinstatement and Ancillary Orders for Alleged Breaches of the Workplace Relations Act 1996 (cth) / Interlocutory Application for Reinstatement Pending Final Hearing
Outcome
Interlocutory reinstatement refused; expedited hearing and interim payment to the second applicant ordered.
Legal Topics
['interlocutory Reinstatement' 'alleged Anti Union Discrimination' 'termination of Employment' 'workplace Relations Act 1996 (cth) Ss 298 L(1)(a), 298 M and 298 V']
['industrial Law' 'employment Law'] ['interlocutory Reinstatement' 'alleged Anti Union Discrimination' 'termination of Employment' 'workplace Relations Act 1996 (cth) Ss 298 L(1)(a), 298 M and 298 V']

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Procedural Posture

Industrial Law Application for Penalties, Reinstatement and Ancillary Orders for Alleged Breaches of the Workplace Relations Act 1996 (cth) / Interlocutory Application for Reinstatement Pending Final Hearing

Legal Issues

  1. 1 ['Whether Ms Maddox should be reinstated on an interlocutory basis after her summary dismissal pending final determination of alleged breaches of the Workplace Relations Act 1996 (Cth).' 'Whether payment of average fortnightly earnings pending an expedited hearing was sufficient interim relief instead of reinstatement.']

Ratio Decidendi

Although the applicants had a prima facie case and the statutory presumption in s 298V applied, the respondent also had a considerable prima facie case concerning performance issues and the leave incident, giving rise to trust and confidence concerns. Reinstatement pending hearing risked serious disputation, while payment of Ms Maddox's average fortnightly earnings and expedition of the final hearing was a fair and convenient interim adjustment. Interlocutory reinstatement was therefore refused.

Court Disposition

Interlocutory reinstatement refused; expedited hearing and interim payment to the second applicant ordered.

Orders

  • ['The hearing be expedited.' 'The applicants application for reinstatement be refused.' 'The respondent pay to the second applicant, on its usual fortnightly pay days, a sum equal to her average fortnightly earnings from all sources with the respondent over the last six months.' 'The parties have liberty to apply as...