Housing Industry Association Limited v Murten

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HOUSING INDUSTRY ASSOCIATION LIMITED -v- MURTEN [2004] WASCA 139



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 139
THE FULL COURT (WA)25/06/2004
Case No:FUL:180/200213 APRIL 2004
Coram:STEYTLER J
EM HEENAN J
LE MIERE J
13/04/04
14Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:HOUSING INDUSTRY ASSOCIATION LIMITED (004 631 752)
ALLEN MURTEN

Catchwords:

Appeal
Error of law
Workers' compensation
Statutory interpretation
Workers Compensation and Rehabilitation Act 1981
Meaning of "discipline"
Meaning of "unreasonable and harsh"
Whether Magistrate considered discipline of respondent as a whole and in context rather than as individual features in isolation
Inadequate reasons
Finding open on the evidence

Legislation:

Workers Compensation and Rehabilitation Act 1981, s 5, s 18, s 84ZI

Case References:

Aktiebolaget Hassle v Alphapharm Pty Ltd [2002] HCA 59; 212 CLR 411
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Kaiser v Burswood Resort (Management) Ltd [1999] WASCA 292
Mitchell v Canal Rocks Beach Resort [2002] WASCA 331

Ansett Australia v Burgess, unreported; Compensation Magistrate (CM­29/99); 1 July 1999
Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334
Brutus v Cozens [1973] AC 854
Byrne & Frew v Australian Airlines Ltd (1995) 185 CLR 410
Central Metropolitan College of TAFE v Heaton, unreported; Compensation Magistrate (CM­91/01); 20 November 2001
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280
Comcare v Chenhall (1992) 37 FCR 280
Fleming v The Queen (1998) 197 CLR 250
Hollis v Vabu Pty Ltd (2001) 207 CLR 21
Hope v Bathurst City Council (1980) 144 CLR 1
Jackson v Work Directions Australia Pty Ltd t/as Work Directions Australia (1998) NSWCCR 70
Jenkins v Western Australian Department of Training [1999] WASCA 199
Krakouer v The Queen (1998) 194 CLR 202
Kushwaha v Queanbeyan City Council [2002] NSWCC 25
Lloyd v Faraone [1989] WAR 154
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247
Summit Homes v Lucev (1996) 16 WAR 556
Tran v Claydon [2003] WASCA 318
Vetter v Lake Macquarie City Council (2001) 202 CLR 439
Woolfe v State of Tasmania (2001) 10 Tas R 205

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : HOUSING INDUSTRY ASSOCIATION LIMITED -v- MURTEN [2004] WASCA 139 CORAM : STEYTLER J
    EM HEENAN J
    LE MIERE J
HEARD : 13 APRIL 2004 DELIVERED : 13 APRIL 2004 PUBLISHED : 25 JUNE 2004 FILE NO/S : FUL 180 of 2002 BETWEEN : HOUSING INDUSTRY ASSOCIATION LIMITED (004 631 752)
    Appellant

    AND

    ALLEN MURTEN
    Respondent


ON APPEAL FROM:

Jurisdiction : COMPENSATION MAGISTRATE'S COURT

Coram : COMPENSATION MAGISTRATE J R PACKINGTON

File Number : CM 231 of 2001


(Page 2)

Catchwords:

Appeal - Error of law - Workers' compensation - Statutory interpretation - Workers Compensation and Rehabilitation Act 1981 - Meaning of "discipline" - Meaning of "unreasonable and harsh" -…

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Details
Case
[2004] WASCA 139
Decision Date

CaseChat Overview and Summary

The Housing Industry Association Limited appealed against a decision of a Magistrate who had found that the association had unjustifiably dismissed an employee, Murten, in circumstances which amounted to an unlawful act under the Workers Compensation and Rehabilitation Act 1981. The association argued that the Magistrate erred in law in his interpretation of the relevant statutory provisions. The dispute centred on whether the employee's dismissal was "discipline" under the Act, and whether it was "unreasonable and harsh" such that it amounted to an unlawful act. The appeal was heard by the Supreme Court of Queensland.

The legal issues for the court to determine were whether the Magistrate correctly interpreted the relevant statutory provisions and whether he applied an appropriate legal test in assessing whether the employee's dismissal was "discipline" and "unreasonable and harsh". The association submitted that the Magistrate failed to consider the employee's disciplinary history as a whole and in context, but rather assessed individual features in isolation. The employee argued that the Magistrate had correctly applied the law and that his decision was open to him on the evidence before him.

The court held that the Magistrate's interpretation of the statutory provisions was correct and that he had applied an appropriate legal test. The court found that the Magistrate had considered the employee's disciplinary history as a whole and in context, and had not erred in finding that the dismissal was "discipline" and "unreasonable and harsh". The court also held that the Magistrate's reasons were adequate and that his finding was open to him on the evidence before him. The association's appeal was therefore dismissed.

No further orders were made by the court.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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