Hakim v Australiam Postal Corp [1999] IRCA 1

Hakim v Australiam Postal Corp [1999] IRCA 1

The applicant’s dismissal, having been reviewed and upheld by the Board of Reference pursuant to the Award, was not a breach of the Award, as the machinery of the Award contemplated that such review by the Board of Reference superseded the original employer decision.

Jurisdiction
Australia
Judgment Date
05 February 1999
Procedural Posture
Application Under Industrial Relations Act 1988 / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['employee Misconduct' 'dismissal' 'review of Disciplinary Decisions' 'award Interpretation']
['industrial Law'] ['employee Misconduct' 'dismissal' 'review of Disciplinary Decisions' 'award Interpretation']

Case Brief

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Procedural Posture

Application Under Industrial Relations Act 1988 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether Australia Post breached the Australia Post (Postal Workers) Award 1985 in dismissing the applicant' "Whether the Board of Reference review supersedes the employer's original decision" 'Whether procedural or substantive requirements of cl 4(1) of the Award apply after Board of Reference review']

Ratio Decidendi

The applicant’s dismissal, having been reviewed and upheld by the Board of Reference pursuant to the Award, was not a breach of the Award, as the machinery of the Award contemplated that such review by the Board of Reference superseded the original employer decision.

Court Disposition

Application dismissed

Orders

  • ['That the application be dismissed.']