Mann v State Rail Authority

The case of Mann v State Rail Authority involved an application for relief against the termination of employment brought by Rhett Karl Mann against the State Rail Authority of New South Wales. The legal issues before the Court were whether the Australian Industrial Relations Commission's jurisdiction to hear the application was excluded by the combined operation of sections 170CC of the Workplace Relations Act 1996 (Cth) and Regulation 30B(1)(c) of the Workplace Relations Regulations (Cth) and whether the maximum period of probation of twelve months was reasonable. The Court held that the maximum period of probation was not reasonable in relation to the employment of the applicant when he was first engaged. The Court found that a period of probation cannot be presumed to be reasonable simply because it is prescribed by statute or regulation. The Court also found that there had been a constructive failure on the part of the Commission to exercise its jurisdiction, and accordingly, a writ of mandamus should issue. The Court issued a writ of certiorari to remove the decision of Commissioner Jones into the Court and quash it and a writ of mandamus to direct the Commission to hear and determine the application in accordance with law.