Hallam v St Barbara Mines Ltd - [1997] IRCA 286

INDUSTRIAL RELATIONS COURT OF AUSTRALIA
INDUSTRIAL LAW - Alleged UNLAWFUL TERMINATION - whether VALID REASON - alleged MISCONDUCT - fighting - SUMMARY DISMISSAL - Alleged SEX DISCRIMINATION & SEXUAL HARASSMENT - whether damaged relationship of confidence and trust - whether employee was given opportunity to defend herself - whether BIAS.
Industrial Relations Act 1988 (now Workplace Relations Act 1996) - ss 170DC, 170DE, 170EA, 170EDA.
Carrigan v Darwin City Council (unreported, IRCA No. 101 of 1997, von Dousa J, 20 March 1997)
Kerr v Jaroma Pty Ltd t/as Treasury Motor Lodge (1996) 70 IR 469.
Nettlefold v Kym Smoker Pty Ltd (1996) 69 IR 370.
Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371.
Victoria v The Commonwealth (1996) 66 IR 392.
Wadey v Y.W.C.A. Canberra (unreported, IRCA No. 542 of 1996, Moore J, 12 November 1996).
Westen v Union des Assurances de Paris (unreported, IRCA No. 660 of 1996, Madgwick J, 17 December 1996).
Woods v WM Car Services (Peterborough) Limited [1981] IRLR 347
OLIVIA HALLAM -v- ST BARBARA MINES LIMITED
WI 2519 OF 1995
JUDICIAL REGISTRAR: R.D. FARRELL JR
PLACE:  PERTH (HEARD IN PERTH & MEEKATHARRA)
DATE:  29 OCTOBER 1997
LIMITED DISTRIBUTION

IN THE INDUSTRIAL RELATIONS COURT

OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WI 2519 of 1995

BETWEEN:            OLIVIA HALLAM
  APPLICANT
AND:  ST BARBARA MINES LIMITED
  RESPONDENT

JUDICIAL
REGISTRAR:

R.D. FARRELL, JR

DATE OF ORDER:

29 OCTOBER 1997

WHERE MADE:

PERTH (HEARD IN PERTH & MEEKATHARRA)

THE COURT ORDERS:
1.       The application is dismissed.
Note:   Settlement and entry of orders is dealt with in Order 36 of the Industrial     Relations Court Rules.

LIMITED DISTRIBUTION
IN THE INDUSTRIAL RELATIONS
COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WI 2519 of 1995
BETWEEN:             OLIVIA HALLAM
APPLICANT
AND:  ST BARBARA MINES LIMITED
RESPONDENT
JUDICIAL
REGISTRAR:         R.D. FARRELL, JR
DATE:  29 OCTOBER 1997
PLACE:                   PERTH (HEARD IN PERTH & MEEKATHARRA)
REASONS FOR DECISION
This is an application under Section 170EA of the then Industrial Relations Act 1988, now known as the Workplace Relations Act 1996 (“the Act”) for compensation arising from the alleged unlawful termination of the employment of the applicant, Olivia Hallam, (“Ms Hallam”), by the respondent, St Barbara Mines Limited (“the Company”). Reinstatement is not sought, and I am satisfied that it would be impracticable.
St Barbara Mines Limited runs the Bluebird gold mine near the town of Meekatharra in central Western Australia. By the time of her dismissal, Ms Hallam had been employed with the Company for over 10 months as a laboratory supervisor. It was her first full-time job; she was 23 years of age at the commencement of her employment, having recently qualified from university with a Bachelor of Science. She lived with about 250 other employees at the Company’s camp. Few of these employees were women.
The Incident at the Phonebox
The incident which resulted in Ms Hallam’s dismissal occurred on the evening of Wednesday, 22 November, 1995. My findings of fact concerning that incident follow. In making these findings, I have heard and considered…

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 286
Decision Date: 29 Oct 1997

CaseChat Overview and Summary

Olivia Hallam initiated proceedings in the Industrial Relations Court of Australia against St Barbara Mines Limited, seeking compensation for what she claims was the unlawful termination of her employment. Hallam, who was a laboratory supervisor, was dismissed following an altercation with a colleague, Mr Carr, at a phone booth on the company's camp site. Hallam threw a rock at Mr Carr, striking him on the arm. The Company maintains that Hallam was dismissed for a valid reason connected to her conduct, given the company's policy that fighting is grounds for instant dismissal. Hallam contends that the dismissal was not lawful because there was no valid reason for her termination, and because she was not given a proper opportunity to defend herself against the allegation. The Court found that the company had a valid reason for the dismissal and that Hallam was given an opportunity to defend herself. The Court dismissed Hallam's application.

Orders