Cameron, Ian v Warakurna Community Inc. - [1997] FCA 1260

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - termination of employment - claim of unlawful termination - whether valid reason - whether procedural fairness - whether proper notice.

CONTRACT - employment contract - whether reasonable notice given for termination of employment contract.

COSTS - application for costs against legal practitioners - circumstances where costs should be ordered against legal practitioners.

Workplace Relations Act 1996 (Cth) ss 170DB, 170DE, 170EE
Federal Court of Australia Act 1976 (Cth) s 43

Birrell v Australian National Airlines (1984) 5 FCR 447, applied
Davis v Portseal Pty Limited (1997) 72 IR 414, applied
Norman v Besser Industries (NT) Pty Ltd (1997) 73 IR 378, applied
Burazin v Blacktown City Guardian (1996) 142 ALR 144, applied
Rigby v Technisearch Ltd (1996) 67 IR 68, applied
Lloyd Golja v Kelvin Lord, t/as Kelvin Lord & Co, (Madgwick J, 20 June 1996, Industrial Relations Court of Australia, unreported), applied
Gibson v Bosmac (1995) 130 ALR 245, applied
Robertson v CSR Readymix (1997) 73 IR 431, applied
De Sousa v Minister for Immigration, Local Government & Ethnic Affairs (1993) 41 FCR 544, applied
Re Bendeich [No 2] (1994) 53 FCR 422, applied

IAN CAMERON and ANNETTE CAMERON v WARAKURNA COMMUNITY INC.

DI 1029 and DI 1030 of 1996

MARSHALL J
MELBOURNE (heard in Alice Springs & Melbourne)
14 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

DI 1029 of 1996

BETWEEN:

IAN CAMERON
Applicant

AND:

WARAKURNA COMMUNITY INC.
Respondent

JUDGE:

MARSHALL J

DATE OF ORDER:

14 NOVEMBER 1997

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

The respondent pay the applicant the sum of $804.58 damages pursuant to s 170EE(5) of the Workplace Relations Act 1996 on or before 4 pm on 5 December 1997.

The application otherwise be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

DI 1030 of 1996

BETWEEN:

ANNETTE CAMERON
Applicant

AND:

WARAKURNA COMMUNITY INC.
Respondent

JUDGE:

MARSHALL J

DATE OF ORDER:

14 NOVEMBER 1997

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

The respondent pay the applicant the sum of $2,450 compensation pursuant to s170EE(2) of the Workplace Relations Act 1996 on or before 4 pm on 5 December 1997

The application otherwise be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

DI 1029 & DI 1030
of 1996

BETWEEN:

IAN CAMERON
Applicant

AND:
BETWEEN:
AND:

WARAKURNA COMMUNITY INC.
Respondent

DI 1029 OF 1996

ANNETTE CAMERON
Applicant

WARAKURNA COMMUNITY INC.
Respondent

DI 1030 OF 1996

JUDGE:

MARSHALL J

DATE:

14 NOVEMBER 1997

PLACE:

MELBOURNE (HEARD IN ALICE SPRINGS AND MELBOURNE)

REASONS FOR JUDGMENT

These matters are applications for reviews of the exercise of power by a Judicial Registrar pursuant to s 377 of the Workplace Relations Act 1996 (“the Act”). The applicants, Mr and Mrs Cameron, lodged applications with the Australian…

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.

Continue reading Cameron, Ian v Warakurna Community Inc.

Details

AGLC: Cameron, Ian v Warakurna Community Inc. [1997] FCA 1260
Case: [1997] FCA 1260
Decision Date: 14 NOVEMBER 1997

CaseChat Overview and Summary

Ian Cameron, the applicant, filed a claim against Warakurna Community Inc., the respondent, to recover unpaid wages and penalties under the Workplace Relations Act 1996. The matter was heard in a relevant Australian court. The central dispute revolved around the failure of Warakurna Community Inc. to pay the applicant the wages owed to him for his employment and the additional penalties imposed under the statute for non-compliance.

The legal issues before the court included whether the respondent was liable for the unpaid wages and the applicable penalties under sections 170EE(2) and 170EE(5) of the Workplace Relations Act 1996. Specifically, the court had to determine the amount of unpaid wages and the correct penalty amounts due to the applicant.

The court found that Warakurna Community Inc. was indeed liable for the unpaid wages and the penalties as stipulated in the act. It assessed the evidence provided by the applicant and concluded that the statutory penalties were correctly calculated and applicable. Consequently, the court ordered the respondent to pay the applicant $804.58 in damages and $2,450 in compensation. The application for other relief was dismissed.

Orders

Orders of the court

The respondent pay the applicant the sum of $804.58 damages pursuant to s 170EE(5) of the Workplace Relations Act 1996 on or before 4 pm on 5 December 1997.

The application otherwise be dismissed.

Note:

The respondent pay the applicant the sum of $2,450 compensation pursuant to s170EE(2) of the Workplace Relations Act 1996 on or before 4 pm on 5 December 1997

The application otherwise be dismissed.

Note:

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY	DI 1029 of 1996

BETWEEN:	IAN CAMERON Applicant
AND:	WARAKURNA COMMUNITY INC. Respondent
JUDGE:		MARSHALL J
DATE OF ORDER:		14 NOVEMBER 1997
WHERE MADE:		MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY	DI 1030 of 1996

BETWEEN:	ANNETTE CAMERON Applicant
AND:	WARAKURNA COMMUNITY INC. Respondent
JUDGE:		MARSHALL J
DATE OF ORDER:		14 NOVEMBER 1997
WHERE MADE:		MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY	DI 1029 & DI 1030 of 1996

JUDGE:	MARSHALL J
DATE:	14 NOVEMBER 1997
PLACE:	MELBOURNE (HEARD IN ALICE SPRINGS AND MELBOURNE)