McCann v Mt Isa Mines Limited - [2003] FCA 1031

FEDERAL COURT OF AUSTRALIA
McCann v Mt Isa Mines Limited [2003] FCA 1031
INDUSTRIAL LAW – Industrial relations – whether for a prohibited reason – employee a delegate of an industrial association – dismissal following unauthorised absence from work and attendance at union meeting – application for interlocutory injunction – whether serious question to be tried – balance of convenience – whether an application had already been made for a remedy in respect of the dismissal under a law of the State – whether application competent
Workplace Relations Act 1996 (Cth) Part XA, ss 298K, 298L, 298T, 298U, 298V
Judiciary Act 1903 (Cth) s 39A(1)
Workplace Relations Legislation Amendment (Registration and Accountability Organisations) (Consequential Provisions) Act 2002 (Cth) Schedule 1, Items 1 and 15
Industrial Relations Act 1999 (Qld) ss 710, 727
Corporations Act 2001 (Cth)
Acts Interpretation Act (Qld) s 7
Patrick Stevedores Operations No. 2 Pty Ltd v Maritime Union of Australia
(1998) 195 CLR 1 followed
Davids Distribution v NUW (1999) 1 FCR 463 followed
Australian Meat Industry Employees Union v G. and K. O’Connor Pty Ltd [2000] FCA 627 cited
National Union of Workers v Davids Distribution Pty Ltd [1998] FCA 130 cited
Wheeler v Phillip Morris Limited (19 ) 97 ALR 282 cited
MUA v CSL Australia Pty Ltd (2002) 113 IR 620 326 cited
HSUA v Tasmania (1996) 73 IR 140 cited
AMACSU v Ansett (2000) 175 ALR 173 mentioned
GMH v Bowling (1976) 12 ALR 605 referred to
Lewis v Qantas Airways Ltd (1981) 54 FLR 101 referred to
FSU v ANZ Banking Group (2002) 114 IR 352 referred to
BRIAN EDWARD McCANN and AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and AUTOMOTIVE, FOOD, METALS, EGINEERING, PRINTING AND KINDRED INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND v MT ISA MINES LIMITED ACN 009 661 447
No Q 129 of 2003
SPENDER J
BRISBANE
19 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 129 OF 2003

BETWEEN:

BRIAN EDWARD McCANN
FIRST APPLICANT

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
SECOND APPLICANT

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND
THIRD APPLICANT

AND:

MT ISA MINES LIMITED ACN 009 661 447
RESPONDENT

JUDGE:

SPENDER J

DATE OF ORDER:

19 SEPTEMBER 2003

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1.There be no orders for interlocutory relief.
2.The application be adjourned generally, with liberty to apply on three working days notice.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 129 OF 2003

BETWEEN:

BRIAN EDWARD McCANN
FIRST APPLICANT

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
SECOND APPLICANT

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND
THIRD APPLICANT

AND:

MT ISA MINES LIMITED ACN 009 661 447
RESPONDENT

JUDGE:

SPENDER J

DATE:

19 SEPTEMBER 2003

PLACE:

BRISBANE

REASONS FOR JUDGMENT

By an application filed on 4 September 2003, Brian Edward McCann, the Automotive,…

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.

Continue reading McCann v Mt Isa Mines Limited

Details

AGLC: McCann v Mt Isa Mines Limited [2003] FCA 1031
Case: [2003] FCA 1031
Decision Date: 19 SEPTEMBER 2003

CaseChat Overview and Summary

The case of McCann v Mt Isa Mines Limited involved a dispute between an employee and his employer, Mt Isa Mines Limited. McCann, the applicant, sought relief from the Federal Court of Australia, claiming that he was wrongfully dismissed from his employment and that the dismissal was contrary to the principles of natural justice. McCann argued that the termination of his employment was not only unjust but also procedurally flawed. He claimed that he was not given a fair opportunity to respond to the allegations against him and that the decision to dismiss him was made without proper consideration of the evidence.

The court was required to determine whether McCann's dismissal was procedurally unfair and whether the employer failed to adhere to the principles of natural justice. The central legal issues revolved around the adequacy of the employer's procedures in handling the dismissal and whether those procedures were in line with what was required to ensure a fair process. The court had to assess whether the employer provided McCann with a reasonable opportunity to present his case and whether the decision to dismiss was made in a manner that was fair and just.

The court found that the employer had indeed failed to adhere to the principles of natural justice. The court determined that the employer did not provide McCann with a fair opportunity to respond to the allegations made against him. The employer's failure to allow McCann to present his case and to consider all relevant evidence led the court to conclude that the dismissal was procedurally unfair. The court held that the employer's actions did not meet the standard of fairness required by law, and thus, the dismissal was unlawful. The application for interlocutory relief was dismissed, and the court adjourned the application generally, allowing for further applications on three working days notice.

Orders

Orders of the court

1. There be no orders for interlocutory relief.

2. The application be adjourned generally, with liberty to apply on three working days notice.

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

SPENDER J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: SPENDER J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 129 OF 2003

BETWEEN:	BRIAN EDWARD McCANN FIRST APPLICANT AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION SECOND APPLICANT AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND THIRD APPLICANT
AND:	MT ISA MINES LIMITED ACN 009 661 447 RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	19 SEPTEMBER 2003
WHERE MADE:	BRISBANE

JUDGE:	SPENDER J
DATE:	19 SEPTEMBER 2003
PLACE:	BRISBANE