Anderson v Edith Cowan University

FEDERAL COURT OF AUSTRALIA
Anderson v Edith Cowan University [1999] FCA 1802

INDUSTRIAL LAW – Workplace Relations Act s 298K and s 298L – applicant an academic employed pursuant to three successive contracts - whether respondent dismissed applicant – whether respondent refused to employ applicant – whether conduct was for a prohibited reason.

Workplace Relations Act 1996
Workplace Relations Act 1988

MUA v Geraldton Port Authority (1999) 165 ALR 67
Fraser v Fletcher Construction Australia Ltd (1996) 70 IR 117
Fisher v Edith Cowan University (1996) 70 IR 206
Fisher v Edith Cowan University(No. 2) (1997) 72 IR 464
D’Lima v Board of Management of Princess Margaret Hospital for Children (1996) 64 IR 19

D’Ortenzio v Telstra (1997) 78 IR 468

Scally v Board of Management of Sir Charles Gairdner Hospital (1996) 40 AILR 3-316

MICHAEL ANDERSON v EDITH COWAN UNIVERSITY

WG 165 OF 1998

BOON JR
20 DECEMBER 1999
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WG165 OF 1998

BETWEEN:	MICHAEL ANDERSON Applicant
AND:	EDITH COWAN UNIVERSITY Respondent
JUDGE:	BOON JR
DATE OF ORDER:	20 DECEMBER 1999
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.        The application be dismissed.

2.        There be no order as to costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WG165 OF 1998

BETWEEN:	MICHAEL ANDERSON Applicant
AND:	EDITH COWAN UNIVERSITY Respondent

JUDGE:	BOON JR
DATE:	20 DECEMBER 1999
PLACE:	PERTH

REASONS FOR JUDGMENT

1. The applicant, Mr Anderson, was formerly employed by the respondent, Edith Cowan University.  Edith Cowan University was formerly known as the Western Australian College of Advanced Education.  For the sake of convenience I shall refer throughout to the respondent and its predecessor as “Edith Cowan University”.

2. A statement of claim was originally filed in this matter on 3 November 1998.  By an amended statement of claim filed 19 August 1999, Mr Anderson has applied pursuant to s298T and seeks the following orders pursuant to s 298U of the Workplace Relations Act 1996:

3. “(a)     an order imposing a penalty against the respondent in the amount of $10,000;

   (b)an order requiring the respondent to reinstate the applicant;

   (c)an order requiring the respondent to pay the applicant compensation representing the applicant’s lost income from 2 July 1998 until 3 February 1999, and from 16 August 1999 until reinstatement;

   (d)interest on any award of compensation pursuant to s 33Z of the Federal Court of Australia Act 1976;

   (e)costs.”

4. The main issues in this matter are as follows:

   (1)       whether Edith Cowan University –

   (a)refused to offer Mr Anderson any further employment and thereby refused to re-employ him within the meaning of those words in s 298K(1)(d) of the Workplace Relations Act; or, alternatively

   (b)dismissed Mr Anderson within the meaning of s 298K(1)(a);

   and, if so,

   (2)whether Edith Cowan University’s dismissal and/or refusal to re-employ Mr Anderson was:

   (a)for a prohibited reason in breach of…