INDUSTRIAL LAW – interpretation of Enterprise Agreement – whether Code of Conduct incorporated – whether disciplinary action taken for breaches of Code of Conduct contravened Enterprise Agreement – meaning and effect of cl 14 of Enterprise Agreement relating to Intellectual Freedom – relationship between cl 14 and Code of Conduct
INDUSTRIAL LAW – interpretation of Enterprise Agreement – extent of obligations of confidentiality on parties involved in disciplinary processes – whether directions given pursuant to Enterprise Agreement and/or employer’s common law right breached Enterprise Agreement
INDUSTRIAL LAW– appeal from penalty judgment – Fair Work Act 2009 (Cth) s 557 – whether primary judge erred in rejecting contention there was a single course of conduct
DAMAGES– assessment of general damages – whether error shown in trial judge’s assessment – whether compensation order under s 545(2) can include component for shock, distress, hurt or humiliation
PRACTICE AND PROCEDURE – whether proceedings should be remitted to Federal Circuit Court for new hearing – where issue not in dispute at trial – where party bound by way matter conducted at trial
PRACTICE AND PROCEDURE– interveners – whether leave should be granted
[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
AGLC
James Cook University v Ridd [2020] FCAFC 123
Case
[2020] FCAFC 123
Decision Date
CaseChat Overview and Summary
James Cook University (JCU) brought a case against Ridd, in which the primary dispute was the interpretation of an Enterprise Agreement (EA) and the associated Code of Conduct. The case was heard by the Federal Court of Australia. Ridd argued that the disciplinary action taken against her for breaching the Code of Conduct contravened the EA, specifically the clause relating to intellectual freedom. The university claimed that the EA and the Code of Conduct were consistent and that Ridd's actions warranted the disciplinary measures taken.
The court had to determine several key legal issues. The primary issue was the meaning and effect of clause 14 of the EA relating to intellectual freedom and its relationship with the Code of Conduct. The court also had to consider whether Ridd's confidentiality obligations under the EA were breached during the disciplinary process. Additionally, the court needed to assess whether the primary judge had erred in rejecting the contention that there was a single course of conduct.
The court found that the primary judge had erred in rejecting the contention of a single course of conduct. The court held that the disciplinary action taken by JCU against Ridd was not consistent with the EA. The university’s interpretation of the EA and the Code of Conduct was deemed to be incorrect. The court also noted that the trial judge's assessment of general damages did not adequately consider the component for shock, distress, hurt, or humiliation. The appeal was allowed, and the orders made by the Federal Circuit Court of Australia were set aside. In lieu, the second further amended application was dismissed. The appellant was instructed to file a further amended notice of appeal within seven days, with a response from the respondent and potentially a determination of the issue without an oral hearing if necessary.
Orders
Orders of the court
1. The appeal be allowed.
2. The orders made by the Federal Circuit Court of Australia on 6 September 2019 be set aside.
3. In lieu thereof the second further amended application dated 3 August 2018 be dismissed.
4. The appellant should within 7 days hereof file and serve any further amended notice of appeal seeking to set aside order 1 of the orders made by the Federal Circuit Court of Australia on 16 April 2019.
5. If the respondent opposes any such amendment, he should within 14 days hereof file and serve a brief outline of submissions, not exceeding 3 pages in length.
6. The appellant should within 21 days hereof file and serve a brief outline of submissions in response, not exceeding 3 pages in length.
7. If necessary, the issue concerning order 1 of the orders dated 16 April 2019 will be determined on the papers and without an oral hearing.
8. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.