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Bayley v Osborne

Bayley v Osborne

Case [1984] FCA 460 19 December 1984

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Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Bayley, Beryl Joyce v Osborne John & Ors [1984] FCA 460 (4 FCR 141; 10 IR 5)
Case: [1984] FCA 460
Decision Date: 19 DECEMBER 1984

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Citations

30

AGLC Citation

Bayley, Beryl Joyce v Osborne John & Ors [1984] FCA 460 (4 FCR 141; 10 IR 5)

Most Recent Citation

Transport Workers' Union of Australia v Cement Australia Pty Ltd [2015] FWC 158

Cases citing this decision · 30 of 30 shown

Nathan Necovski v Department of Justice and Community Safety
[2022] FWC 3155

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Aimee Newell v Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
[2022] FWC 2631

…[66] Bayley v Osborne (1984) 4 FCR 141, 145.…
Ms Michelle Jenkins v Home@Scope Pty Ltd
[2022] FWC 2003

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Jennifer Lewis v Casey City Council
[2022] FWC 2006

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Jovan Jovcic and Filip Markovic v Coopers Brewery Limited
[2022] FWC 1931 Para 1

…). A contract of employment contains an implied term that the employee will obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two distinct dimensions. One is that the direction must involve no illegality. The other is t…
Martin Green v Aldi Stores
[2022] FWC 1197

…[9] Bayley v Osborbe (1984) 4 FCR 141, 145.…
Yu-Chung Cheng v Iveco Trucks Australia Limited
[2022] FWC 1664

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Jemimah Scale v Coles Supermarkets Australia Pty Ltd
[2022] FWC 1593

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Dr Amir Reza Zokaei Fard v Royal Melbourne Institute of Technology (RMIT University)
[2022] FWC 1375

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Nigel Stock v Rocla Ltd
[2022] FWC 1299

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Zaki Benamar v Moreland City Council
[2022] FWC 1273

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Ashleigh Curnow v Goodstart Early Learning
[2022] FWC 1234

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Cherie Partington v Monash Health
[2022] FWC 1083

…mplied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The oth…
Roman v Mercy Hospitals Victoria Ltd
[2022] FWC 711 Para 1

…Implied into the contract of employment is an obligation of an employee to obey the employer’s lawful and reasonable directions ( Bayley v Osborne (1984) 4 FCR 141 at 145). The requirement that the direction be lawful has two dimensions. One is that the employer cannot demand that an employee act unlawfully. The ot…
Construction, Forestry, Maritime, Mining and Energy Union, Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal
[2021] FWCFB 6059

…70 FCR 16; Australian Telecommunications Commission v Hart (1982) 43 ALR 165 at 170 per Fox J, with whom Sheppard J agreed (Northrop J not deciding); Bayley v Osborne (1984) 10 IR 5 at 8 per Davies J; Izdes v L.G. Bennett & Co. Pty Ltd t/as Alba Industries (1995) 61 IR 439 at 449 per Beazley J; King v Catholic Education O…
Mr Jeremy Lee v Superior Wood Pty Ltd T/A Superior Wood
[2018] FWC 4762

…18 Australian Telecommunications Commission v Hart (1982) 43 ALR 165, 170; Bayley v Osborne (1984) 10 IR 5, 8; Izdes v LG Bennet & Co Pty Ltd (1995) 61 IR 439, 449.…
Swanson v Monash Health
[2018] FCCA 538 Para 2

…reasonable commands or directions of the employer: see Australian Telecommunications Commission v Hart (1982) 65 ALR 41; Bayley v Osborne (1984) 4 FCR 141; for a different view on the matter of reasonableness see 10 Halsbury’s Laws of Australia, ‘Employment’, par 165‑265, but cf W B Creighton, W J Ford and R J Mitc…
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy
[2018] FWC 570

…able: Australian Telecommunications Commission v Hart (1982) 43 ALR 165 at 170 per Fox J, with whom Sheppard J agreed ( Northrop J not deciding); Bayley v Osborne (1984) 10 IR 5 at 8 per Davies J; Izdes v L.G. Bennett & Co. Pty Ltd t/as Alba Industries (1995) 61 IR 439 at 449 per Beazley J.’…
Jeff Parkes v Fat Prophets Pty Ltd
[2017] FWC 6121

…nable: Australian Telecommunications Commission v Hart (1982) 43 ALR 165 at 170 per Fox J, with whom Sheppard J agreed (Northrop J not deciding); Bayley v Osborne (1984) 10 IR 5 at 8 per Davies J; Izdes v L.G. Bennett & Co. Pty Ltd t/as Alba Industries (1995) 61 IR 439 at 449 per Beazley J.’…
Maria Panera v Qantas Airways Limited
[2015] FWCFB 6715

…18 Bayley v. Osborne (1984) 4 FCR 141 at 145 per Davies J…
Transport Workers' Union of Australia v Cement Australia Pty Ltd
[2015] FWC 158

…lawful and reasonable commands or direction of the employer; see Australian Telecommunications Commission v Hart (1982) 65 ALR 41; Bayley v Osborne (1984) 4 FCR 141……
Varas v Fairfield City Council
[2008] FMCA 996 Para 1

…and reasonable commands or directions of the employer: see Australian Telecommunications Commission v Hart (1982) 65 ALR 41; Bayley v Osborne (1984) 4 FCR 141; for a different view on the matter of reasonableness see 10 Halsbury’s Laws of Australia, ‘Employment’, par 165‑265, but cf W B Creighton, W J Ford and R J…
Thompson v IGT (Australia) Pty Ltd
[2008] FCA 994 Para 29

…ful and reasonable commands or directions of the employer: see Australian Telecommunications Commission v Hart (1982) 65 ALR 41; Bayley v Osborne (1984) 4 FCR 141; for a different view on the matter of reasonableness see 10 Halsbury’s Laws of Australia, ‘Employment’, par 165‑265, but cf W B Creighton, W J Ford and…
Truarn v Contract Power Management Australia Pty Ltd
[2007] WADC 29

…Workers Union (NSW) v Grain Handling Authority of NSW (1987) 22 IR 447 Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435 Bayley v Osborne (1984) 4 FCR 141 BGC (Australia) Pty Ltd v Fremantle Port Authority (2003) 28 WAR 187 Bostik (Aust) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20 Brickhill v Cooke [198…
Cava v Marshall
[2003] SASC 371 Para 4

…The same approach was taken in Bayley v Osborne (1984) 4 FCR 141.…
Anderson v Sullivan
[1997] FCA 1008

…der the authority of the Commissioner in exercising the common law power to direct: see Sellars v Woods, (1982) 45 ALR 113; see also Bayley v Osborne (1984) 4 FCR 141. This was not, relevantly, a decision under an enactment for the purposes of the Administrative Decisions (Judicial Review) Act 1977, s3(1). Even if…
McManus v Scott-Charlton
[1996] FCA 904

…tralian Tramway Employees' Association v Brisbane Tramways Co Ltd (1912) 6 CAR 35 Bartlett v Shoe and Leather Record [1960] CLY 1151 Bayley v Osborne (1984) 4 FCR 141 Hivac Ltd v Park Royal Scientific Instruments Ltd [1946] Ch 169 Minister for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565 Nelson v Nelson (1…
Salerno, Dominic v National Crime Authority
[1996] FCA 820

…ich the decision is directly based. The same approach was taken in reliance on Burns in Sellars v Woods (1982) 69 FLR 105, Bayley v Osborne (1984) 4 FCR 141 and Australian Film Commission v Mabey (1985) 6 FCR 107 at 129, per McGregor J.…
Giorgas, A v Federal Airport Corporation
[1995] FCA 380

…nce been applied on many occasions and remains a strong authority on the point. See, for example, Sellars v Woods (1982) 69 FLR 105; Bayley v Osborne (1984) 4 FCR 141; Australian Film Commission v Mabey (1985) 6 FCR 107; Post Office Agents Association Ltd v Australian Postal Commission (1988) 84 ALR 563.…
Hudson v Australian Telecommunications Corporation
[1990] FCA 668

…In Bayley v. Osborne (1984) 4 FCR 141 at 143, Davies J. said:…

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