R v Duncan; Ex parte Australian Iron and Steel Pty Ltd

The High Court of Australia considered an application for a writ of prohibition by Australian Iron and Steel Pty Ltd (AIS) against R, seeking to prevent the Industrial Commission of New South Wales from proceeding with a hearing concerning a dispute between AIS and the Federated Ironworkers' Association of Australia. The dispute related to the dismissal of certain employees by AIS.

The central legal issue before the High Court was whether the Industrial Commission had jurisdiction to hear and determine the dispute, specifically concerning the question of whether the dismissals were justified. This involved determining whether the Industrial Arbitration Act 1940 (NSW) conferred upon the Commission the power to review and set aside dismissals that were otherwise within the employer's managerial prerogative, absent any breach of an award or industrial agreement.

The High Court held that the Industrial Commission did not have the power to override an employer's decision to dismiss an employee unless the dismissal constituted a breach of an award or industrial agreement. The Court reasoned that the Act did not grant the Commission a general power to interfere with an employer's right to manage its business and dismiss employees, even if the dismissals were considered harsh or unfair. The Court emphasised that the jurisdiction of the Commission was confined to matters arising under awards or industrial agreements, or matters specifically conferred by the Act, and that the power to review dismissals was not an inherent or implied power.

The application for the writ of prohibition was accordingly granted.