Baker v. Australian Workers' Union [2005] NSWIRComm 1225

There is currently no certain, imminent and unconditional threat of dismissal. Mr Baker remains employed; therefore, the threshold for injunctive relief under S.89(7) is not met and the claim for threatened dismissal is withdrawn.

Parties: Applicant: Warren Baker; Respondent: Australian Workers' Union
Jurisdiction: Australia
Judgment Date: 16 December 2005
Procedural Posture: Application Under S.84 of the Industrial Relations Act, 1996 / Interlocutory Decision on Claim of Threatened Dismissal
Outcome: Claim of threatened dismissal withdrawn. Part 6 application stands adjourned for mention.
Legal Topics: Unfair Dismissal, Threat of Dismissal, Interlocutory Injunction, Abuse of Process

Industrial Relations Unfair Dismissal Threat of Dismissal Interlocutory Injunction Abuse of Process

Case Brief

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Parties

Warren Baker

Applicant

Australian Workers' Union

Respondent

Procedural Posture

Application Under S.84 of the Industrial Relations Act, 1996 / Interlocutory Decision on Claim of Threatened Dismissal

Legal Issues

1 Whether the applicant has been threatened with dismissal within the meaning of S.89(7) of the Industrial Relations Act 1996
2 Whether an order should be made restraining the respondent from dismissing the applicant
3 Whether the Part 6 application is an abuse of process

Ratio Decidendi

Court Disposition

Claim of threatened dismissal withdrawn. Part 6 application stands adjourned for mention.

Orders

Proceedings adjourned for mention and further programming on Wednesday, 21 December, 2005