Hadgkiss v Aldin

GILMOUR J RELIEF CLAIMED Workplace Relations Act 1996 BACKGROUND TO THE CONTRAVENTION THE EVENTS BETWEEN 25 FEBRUARY AND 8 MARCH 2006 28 February 2006 Meeting 1 March 2006 2 March 2006 Meeting 3 March 2006 to 7 March 2006 8 March 2006 Meeting THE ADMITTED CONTRAVENTION OF SECTION 38 OF THE BCII ACT THE ADMITTED CONTRAVENTION OF SECTION 178 OF THE WR ACT Industrial Action to Stop or not Occur AGREED FACTS PARTIALLY QUALIFY THE POSITION OF RESPONDENTS NOS 7, 8, 9, 12, 14, 16, 28, 37 AND 64 Respondent 8: Robert Bradbury Respondent 9: John Francis Bradley Respondent 12: Gregory James Brown Respondent 14: Michael Burke Respondent 16: David Cameron Respondent 28: Dronzo De Bari Respondent 37: Shane Greaves Respondent 64: Andrew O’Donnell THE PENALTY PROVISIONS RELEVANT CONSIDERATIONS IN THE ASSESSMENT OF PENALTY Deterrence THE APPLICANT’S SUBMISSIONS ON PENALTY THE RESPONDENTS’ SUBMISSIONS ON PENALTY Double Punishment IMPOSITION AND RECOVERY OF PENALTIES MITIGATING FACTORS REASONING AS TO PENALTIES PENALTY FOR BREACH OF SECTION 38 BCII ACT PENALTY FOR BREACH OF THE SECTION 127 ORDER DECLARATORY RELIEF