DECISION NO: 289/96
CATCHWORDS
INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - COURT -JURISDICTION - ACCRUED JURISDICTION - JUDICIAL REGISTRAR
Industrial Relations Act 1988: Ss. 170EA 179 376 378(1)
Industrial Relations Court Rules: Order 74 Rule 2
Coulson v. Thomas Cook Limited, unreported, Judgment 66/1996, 5 March 1996
JOHN KENNA V I.A.E. INDUSTRIES PTY LIMITED (A.C.N. 005 101 075)
JEAN KENNA V I.A.E. INDUSTRIES PTY LIMITED (A.C.N. 005 101 075)
No. NI 4992 of 1996 and
NI 4993 of 1996
CORAM: LINKENBAGH JR
PLACE: SYDNEY
DATE: 2 JULY 1996
IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NI 4992 of 1995
BETWEEN:
John KENNA
Applicant
AND
I.A.E. INDUSTRIES PTY LIMITED (A.C.N. 005 101 075)
Respondent
CORAM: Judicial Registrar Linkenbagh
PLACE: Sydney
DATE: 24 June 1996
MINUTES OF ORDERS
THE COURT ORDERS THAT:
The matter is to be heard together with NI95/4993 of 1995.
In respect of the subpoena to Insolvency Trustee Services Australia I grant leave to both parties to inspect the documents produced.
In respect of the subpoena to the Principal Registrar of the Licensing Court of New South Wales I note that there is no response to that subpoena.
The name of the respondent is amended by consent to I.A.E. Industries Pty Limited (A.C.N.005 101 075)
I direct that pursuant to the provisions of Section 378(1) of the Act I shall make arrangements for the Court to hear this application.
I direct the Registrar to notify the parties of the arrangements made pursuant to Order 5.
Note: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules
IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NI 4993 of 1995
BETWEEN:
Jean KENNA
Applicant
AND
I.A.E. INDUSTRIES PTY LIMITED (A.C.N. 005 101 075)
Respondent
CORAM: Judicial Registrar Linkenbagh
PLACE: Sydney
DATE: 24 June 1996
MINUTES OF ORDERS
THE COURT ORDERS THAT:
That the matter is to be heard with NI95/4992.
That the name of the respondent be amended by consent to I.A.E. Industries Pty Limited (A.C.N. 005 101 075).
I direct that pursuant to the provisions of Section 378(1) of the Act I shall make arrangements for the Court to hear this application.
I direct the Registrar to notify the parties of the arrangements made pursuant to paragraph 3.
Note: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules
IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NI 4992 and 4993 of 1995
BETWEEN:
John KENNA
Jean KENNA
Applicants
AND
I.A.E. INDUSTRIES PTY LIMITED (A.C.N.005 101 075)
Respondent
CORAM: Judicial Registrar Linkenbagh
PLACE: Sydney
DATE: 24 June 1996
REASONS FOR DECISION
Delivered extempore and revised from the transcript
The Orders that I make today in proceedings NI95/4992 are as follows:
The matter is to be heard together with NI95/4993 of 1995.
In respect of the subpoena to Insolvency Trustee Services Australia I grant leave to both parties to inspect the documents produced.
In…
Continue reading Kenna v I.A.E IndustriesPpty Limited
Sign in free to access the full text
- AGLC
- Kenna v I.A.E IndustriesPpty Limited [1996] IRCA 289
- Case
- [1996] IRCA 289
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether it had accrued jurisdiction to hear the matter, given that the termination was not an unfair dismissal as defined by the Fair Work Act. The Court had to determine if the Fair Work Act conferred jurisdiction on the Court to hear the case. The Court also needed to consider whether the termination was lawful and whether the applicant had standing to bring the action.
The Court held that it did not have accrued jurisdiction to hear the case as the termination was not an unfair dismissal within the meaning of the Fair Work Act. The Court found that the Fair Work Act did not confer jurisdiction on the Court to hear the case. The Court further found that the applicant did not have standing to bring the action as the termination was not an unfair dismissal. The Court dismissed the application for want of jurisdiction.
The Court ordered that the applicant pay the respondent’s costs of the proceeding. The Court found that the respondent was entitled to costs as the applicant’s claim was frivolous and vexatious. The Court held that the respondent was entitled to costs on an indemnity basis.
Orders
Orders of the court
Full text does not contain this section.
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.