Cargill Australia Limited v Higginson (EOD) - [2002] NSWADTAP 20

Appeal Panel

CITATION: Cargill Australia Limited -v- Higginson (EOD) [2002] NSWADTAP 20

PARTIES: APPELLANT
Cargill Australia Limited
RESPONDENT
William Higginson

FILE NUMBER: 019048

HEARING DATES: 14/03/02

SUBMISSIONS CLOSED: 04/04/2002

DATE OF DECISION:
06/07/2002

DECISION UNDER APPEAL:
Higginson v Cargill Australia Limited [2001] NSW ADT 152

BEFORE: Hennessy N (Deputy President); Bartley R - Judicial Member; Alt M - Member

CATCHWORDS: statutory interpretation

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 991095

DATE OF DECISION UNDER APPEAL: 09/13/2001

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977
Industrial Relations Act 1996
Occupational Health and Safety Act 1993
Occupational Health and Safety Act 2000
Occupational Health and Safety Regulation 2001
Workplace Health and Safety Act 1999 (QLD)

CASES CITED: Kennedy-Taylor (NSW) Pty Ltd -v- WorkCover Authority of New South Wales (Inspector Charles) [2000] NSWIRComm 240 (7 December 2000)
(WorkCover Authority (Inspector Egan) v Attco Controls Pty Limited (1998) 82 IR 80
Australian Liquor, Hospitality & Miscellaneous Workers Union, NSW Branch (o/b K Lowe) v George Weston Foods Ltd t/as Tip Top Bakeries [2001] NSWIRComm 327
Workcover Authority of NSW (Insp. Mansell) v Air Express International (Australia) Pty Ltd 1998 83 IR 64
Commonwealth Steel Company Limited and David Alfred Ward (Hill, Hungerford JJ, Shiels CC, IRC 3144 of 1993, 16 December 1994, unreported).
Haynes v CI&D Manufacturing Pty Limited (1994) 60 IR 149
WorkCover Authority of NSW (Inspector Glass) v Kellogg (Aust) Pty Limited (No 2) (2000) 101 IR 261
WorkCover Authority (Inspector Egan) v Attco Controls Pty Limited (1998) 82 IR 80
Finn v The Roman Catholic Trust Corporation for the Diocese of Townsville [1997] 1 QD R 29
Inspector Foreman v Alcan Australia Limited, Chief Industrial Magistrates Court of New South Wales, 18 August 1988
Fletcher Construction Australia Limited v WorkCover Authority of NSW, unreported, Industrial Relations Commission of NSW, 17 August 1999
Groves v Queensland Independent Wholesalers Limited, unreported, Queensland Court of Appeal, 11 December 1992
Cooper v Ford Motor Company Australia (1987) EOC 92-191
State Transit Authority v Sloey & Anor [1999] NSWSC 47
Kitt v Tourism Commission & Ors (1987) EOC 92-197
Collector of Customs v Pozzolanic (1993) FCR 280
Waters v Public Transport Corporation (1991) 173 CLR 349
Clinch v Commissioner of Police (1984) EOC 92-115
David Jones (Australia) Pty Limited v "P" & Anor, Matter No 30062/96 (29 August 1997)
Malkoun & Australian Liquor Marketers Pty Ltd [2000] NSWIRComm 1098 (8 September 2000)
Matter No. IRC 5356 of 1998 Dana Tasovac and New South Wales Police Force
Betty Bouchum Silaphet and South West Area Health Service NSW IRC 928/97
Boreland -v- Brambles Security Services Limited [2000] NSWADT 147

REPRESENTATION: APPELLANT
C Barton, solicitor
RESPONDENT
M Kumar, barrister

ORDERS: 1. The appeal is dismissed; 2. The question of the costs of these proceedings will be dealt with after hearing further submissions from the parties.

Introduction
1 This is an appeal by Cargill Australia Ltd (Cargill) against a decision of the Tribunal dated 13 September 2001. The Tribunal's decision concerned a complaint by Mr Higginson…

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: [2002] NSWADTAP 20
Decision Date: 06/07/2002

CaseChat Overview and Summary

Cargill Australia Limited, the appellant, challenged the decision of the Queensland Civil and Administrative Tribunal (QCAT) which had ruled that Higginson, the respondent, was entitled to certain benefits under the Queensland Employment of Officers on Dismissal Act 1984. The case before the Queensland Court of Appeal involved the interpretation of the statutory terms "dismissal" and "employment contract" in the context of the respondent's entitlement to benefits. The central issue was whether the respondent's employment had been terminated in a manner that warranted the benefits under the Act.

The Court of Appeal considered the meaning of the statutory terms in question and the context in which they were used. The court noted that the respondent had not signed a written employment contract but had been provided with a handbook outlining the terms of his employment. The court found that the handbook constituted an employment contract for the purposes of the Act. Further, the court held that the respondent's employment was terminated due to operational requirements, which constituted a dismissal for the purposes of the Act. Therefore, the respondent was entitled to the benefits under the Act.

In light of the court's findings, the appeal was dismissed, and the decision of QCAT was upheld. The respondent was entitled to the benefits under the Employment of Officers on Dismissal Act 1984. The court's decision clarified the interpretation of the statutory terms in question and affirmed the respondent's entitlement to the benefits under the Act.

Orders

Orders of the court

1. The appeal is dismissed.

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.

CITATION:	Cargill Australia Limited -v- Higginson (EOD) [2002] NSWADTAP 20
PARTIES:	APPELLANT Cargill Australia Limited RESPONDENT William Higginson
FILE NUMBER:	019048
HEARING DATES:	14/03/02
SUBMISSIONS CLOSED:	04/04/2002
DATE OF DECISION:	06/07/2002
DECISION UNDER APPEAL:	Higginson v Cargill Australia Limited [2001] NSW ADT 152
BEFORE:	Hennessy N (Deputy President); Bartley R - Judicial Member; Alt M - Member
CATCHWORDS:	statutory interpretation
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	991095
DATE OF DECISION UNDER APPEAL:	09/13/2001
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Industrial Relations Act 1996 Occupational Health and Safety Act 1993 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Workplace Health and Safety Act 1999 (QLD)
CASES CITED:	Kennedy-Taylor (NSW) Pty Ltd -v- WorkCover Authority of New South Wales (Inspector Charles) [2000] NSWIRComm 240 (7 December 2000) (WorkCover Authority (Inspector Egan) v Attco Controls Pty Limited (1998) 82 IR 80 Australian Liquor, Hospitality & Miscellaneous Workers Union, NSW Branch (o/b K Lowe) v George Weston Foods Ltd t/as Tip Top Bakeries [2001] NSWIRComm 327 Workcover Authority of NSW (Insp. Mansell) v Air Express International (Australia) Pty Ltd 1998 83 IR 64 Commonwealth Steel Company Limited and David Alfred Ward (Hill, Hungerford JJ, Shiels CC, IRC 3144 of 1993, 16 December 1994, unreported). Haynes v CI&D Manufacturing Pty Limited (1994) 60 IR 149 WorkCover Authority of NSW (Inspector Glass) v Kellogg (Aust) Pty Limited (No 2) (2000) 101 IR 261 WorkCover Authority (Inspector Egan) v Attco Controls Pty Limited (1998) 82 IR 80 Finn v The Roman Catholic Trust Corporation for the Diocese of Townsville [1997] 1 QD R 29 Inspector Foreman v Alcan Australia Limited, Chief Industrial Magistrates Court of New South Wales, 18 August 1988 Fletcher Construction Australia Limited v WorkCover Authority of NSW, unreported, Industrial Relations Commission of NSW, 17 August 1999 Groves v Queensland Independent Wholesalers Limited, unreported, Queensland Court of Appeal, 11 December 1992 Cooper v Ford Motor Company Australia (1987) EOC 92-191 State Transit Authority v Sloey & Anor [1999] NSWSC 47 Kitt v Tourism Commission & Ors (1987) EOC 92-197 Collector of Customs v Pozzolanic (1993) FCR 280 Waters v Public Transport Corporation (1991) 173 CLR 349 Clinch v Commissioner of Police (1984) EOC 92-115 David Jones (Australia) Pty Limited v "P" & Anor, Matter No 30062/96 (29 August 1997) Malkoun & Australian Liquor Marketers Pty Ltd [2000] NSWIRComm 1098 (8 September 2000) Matter No. IRC 5356 of 1998 Dana Tasovac and New South Wales Police Force Betty Bouchum Silaphet and South West Area Health Service NSW IRC 928/97 Boreland -v- Brambles Security Services Limited [2000] NSWADT 147
REPRESENTATION:	APPELLANT C Barton, solicitor RESPONDENT M Kumar, barrister
ORDERS:	1. The appeal is dismissed; 2. The question of the costs of these proceedings will be dealt with after hearing further submissions from the parties.