Qantas Airways v Cornwall

[1998] FCA 865

FEDERAL COURT OF AUSTRALIA

APPELLATE JURISDICTION – intermediate courts of appeal – duty towards decisions of other intermediate courts of appeal – rule that Court should not depart from an interpretation placed on Commonwealth legislation by another Australian intermediate appellate court unless convinced it is plainly wrong – caution required.

INDUSTRIAL LAW – termination of employment of a worker who struck his supervisor – whether employer had a valid reason connected with the employee’s conduct – whether relatively trivial nature of assault, officious behaviour of supervisor, and marital stress visited upon worker very shortly before, enabled Court to find the reason relied on not valid – whether hardship to worker could be taken into account – construction of s 170DE(1) of the former Industrial Relations Act 1988 – effect of High Court decision in Victoria v The Commonwealth – whether decision of Full Federal Court in Cosco Holdings Pty Ltd v Do or decision of Full Industrial Relations Court in Murdoch University v Mainsbridge should be followed – whether a “valid reason” within the section is one that is sound, defensible or well-founded – whether the conduct alleged must have actually occurred.

Industrial Relations Act 1988, s 170DE(1)

The State of Victoria v The Commonwealth of Australia (1996) 187 CLR 416, applied
Cosco Holdings Pty Ltd v Do (1997) 150 ALR 127, followed
Evans v Alto Parts Pty Limited (1998) 77 IR 401, referred to
Murdoch University v Mainsbridge (Ryan, Marshall and North JJ, unreported, 12 June 1998), not followed
Liversidge v Sir John Anderson [1942] AC 206, applied
Sangwin v Imogen Pty Ltd (von Doussa J, unreported, 8 March 1996), referred to
Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485, followed
Nguyen v Nguyen (1990) 169 CLR 245, followed
Chamberlain v The Queen (1983) 72 FLR 1, followed
Perrett v Commissioner for Superannuation (1991) 29 FCR 581, followed
Byrne v Australian Airlines Limited (1994) 47 FCR 300, followed
Trade Practices Commission v Abbco Iceworks Pty Limited (1994) 52 FCR 96, followed
Hamilton Island Enterprises Pty Ltd v Commissioner of Taxation [1982] 1 NSWLR 113, referred to
Allied Express Transport Pty Limited v Anderson (Lee, Tamberlin and Marshall JJ, unreported, 8 July 1998), applied

QANTAS AIRWAYS LIMITED V BRUCE CORNWALL

QG 206 of 1997

Burchett, Cooper and Finn JJ

Brisbane
24 July 1998

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG 206 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	QANTAS AIRWAYS LIMITED Appellant
AND:	BRUCE CORNWALL Respondent
JUDGES:		BURCHETT, COOPER AND FINN JJ
DATE OF ORDER:		24 JULY 1998
WHERE MADE:		BRISBANE

THE COURT ORDERS THAT:

The appeal be dismissed.

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	QG 206 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	QANTAS AIRWAYS LIMITED Appellant
AND:	BRUCE…