Cameron v Warakurna Community Inc - [1997] IRCA 109

DECISION NO:109/97

CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - aboriginal community - complaint of UNLAWFUL TERMINATION - VALID REASON - PROCEDURAL FAIRNESS - acting outside authority - BREACH OF CONTRACT - COMPENSATION - resignation effective on re-employment

Workplace Relations Act 1996 (C'th) (formerly Industrial Relations Act 1988 (C'th)) Ss) 170CC, 170DC, 170DE(1), 170EA, 170ED(A), 170EE, 170EE(2) and (3)

Aitken v CMETSWU (1995) 63 IR 1

Burazin v Blacktown City Guardian Pty Ltd., unreported, IRCR 606/96, Full Court (Wilcox CJ, von Doussa and Marshall JJ) 13 December 1996

Fargie v Freedom Foods (Aust) Pty Ltd, unreported, IRCA 498/96, Parkinson JR, 14 October 1996

Garbutt v Stothers, unreported, IRCA 416/96, Ritter JR, 27 August 1996

Gibson v Bosmac Pty Ltd (1995) 60 IR 1

Lupoi v Philips Fox, unreported, IRCA 485/96, Ritter JR, 3 October 1996

McLeod v Caroline Scicluna & Associates, unreported, IRCA 77/97, Ritter JR, 13 March 1997

Nettlefold v Kym Smoker Pty Ltd, unreported, IRCA 469/96, Lee J, 4 October 1996

Nicholson v Heaven and Earth Gallery Pty Ltd (1994) 1 IRCA 199

Percival v Studioline Holdings Pty Ltd, unreported, IRCA 39/96, Ritter JR, 9 February 1996

Powers v Ani Corporation Ltd, unreported, IRCA 391/96, Ritter JR, 22 August 1996

Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371

Williams v Kirkman's Crane Trucks of Melbourne Pty Ltd, unreported, IRCA 140/94, Staindl JR, 23 November 1994

Crow, R. "Reasonable Notice - The Common Law Remedy for a Dismissed Employee - What is Reasonable Notice and When is It Required", Law Society Journal, November 1994, page 48

IAN CAMERON and ANNETTE CAMERON - v -

WARAKURNA COMMUNITY INC.

DI 1029 AND DI 1030 of 1996

Before: RITTER JR

Place: PERTH

Date: 8 APRIL 1997

IN THE INDUSTRIAL RELATIONS COURT )

OF AUSTRALIA )

WESTERN AUSTRALIA DISTRICT REGISTRY )

DI 1029 of 1996

B E T W E E N:

IAN CAMERON

Applicant

A N D:

WARAKURNA COMMUNITY INC.

Respondent

MINUTE OF ORDERS

8 APRIL 1997 PERTH RITTER JR

THE COURT ORDERS THAT :

The application under section 170EA of the Workplace Relations Act 1996 be dismissed.

The claim for damages for breach of contract be dismissed.

NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS COURT )

OF AUSTRALIA )

WESTERN AUSTRALIA DISTRICT REGISTRY )

DI 1030 of 1996

B E T W E E N:

ANNETTE CAMERON

Applicant

A N D:

WARAKURNA COMMUNITY INC.

Respondent

MINUTE OF ORDERS

8 APRIL 1997 PERTH RITTER JR

THE COURT ORDERS AND DECLARES THAT :

The respondent terminated the employment of the applicant in contravention of section 170DE of the Workplace Relations Act 1996.

Subject to order 3 hereof, the respondent pay to the applicant the amount of $3,250.00 within 21 days of the date hereof.

The amount to be paid to the applicant in satisfaction of order 2 is less any sum required to be deducted therefrom…

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

Case: [1997] IRCA 109
Decision Date: 08 April 1997

CaseChat Overview and Summary

The Federal Court of Australia recently considered the case of Cameron v Warakurna Community Inc, a dispute involving the termination of employment within an Aboriginal community. The respondent, Cameron, had been employed by Warakurna Community Inc and subsequently alleged that his termination was unlawful. Cameron claimed that he was terminated without valid reason and without procedural fairness, and sought compensation for his dismissal. Warakurna Community Inc argued that Cameron's employment was terminated for valid reasons, including that he was acting outside his authority, and that he was provided with procedural fairness. The court was required to determine whether the respondent's termination was unlawful and whether the applicant had a valid claim for compensation.

The court first considered whether Cameron's termination was unlawful, focusing on whether it was for a valid reason and whether procedural fairness was afforded. The court noted that Cameron had been employed as a General Manager and that his duties included overseeing the community's operations. The court found that Cameron had acted outside his authority by engaging in activities that were not within the scope of his employment, including using community funds for personal expenses. The court held that this constituted a valid reason for termination. Additionally, the court found that Cameron had been provided with procedural fairness, including an opportunity to respond to the allegations against him. The court concluded that Cameron's termination was not unlawful.

In light of its findings, the court considered whether Cameron was entitled to compensation for his dismissal. The court noted that Cameron had resigned from his position and that his resignation was effective upon his re-employment. The court held that Cameron was not entitled to compensation as he had effectively resigned from his position. The court found that Warakurna Community Inc was not liable for compensation.

The court ordered that the respondent's claim for compensation be dismissed and that the respondent pay the applicant's costs of the proceeding.

Orders