Y v The University of Western Australia [2006] FCA 403

Y v The University of Western Australia [2006] FCA 403

There is a serious question to be tried as to compliance with the procedural requirements of the certified agreement, and the balance of convenience favours granting the applicant an interlocutory injunction to prevent potentially unlawful and damaging disciplinary proceedings pending resolution.

Source-derived case information.

Parties
Applicant: Y; Respondent: The University of Western Australia
Jurisdiction
Australia
Judgment Date
21 March 2006
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted in favour of the applicant.
Legal Topics
Interlocutory Injunctions, Construction of Certified Agreements, Workplace Investigations, Industrial Disputes
Practice and Procedure Industrial Law Interlocutory Injunctions Construction of Certified Agreements Workplace Investigations Industrial Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Y

Applicant

The University of Western Australia

Respondent

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the respondent's Misconduct Investigation Committee was established and has proceeded in breach of the terms of the certified agreement, specifically cl 6.1.1 of Schedule D of 'The University of Western Australia Academic Staff Agreement 2004'.
  2. 2 Whether the particulars provided to the applicant satisfied the requirements of cl 6.1.1 for sufficient detail to understand and respond to allegations of misconduct.
  3. 3 Whether the respondent was required under the certified agreement to procure attendance of complainants for questioning and production of certain documents.

Ratio Decidendi

There is a serious question to be tried as to compliance with the procedural requirements of the certified agreement, and the balance of convenience favours granting the applicant an interlocutory injunction to prevent potentially unlawful and damaging disciplinary proceedings pending resolution.

Court Disposition

Interlocutory injunction granted in favour of the applicant.

Orders

  • Until the hearing of this application or further order: (a) the Misconduct Investigation Committee established by the respondent in relation to the applicant be prohibited from further proceeding; (b) the Vice-Chancellor and/or Professor Belinda Probert, the Academic Member of Executive of the respondent, be...
  • The respondent is to pay the applicant's costs of today in any event.