Siagian v Sanel

In the case of Siagian v Sanel, the Industrial Relations Court was tasked with determining whether it had the power to grant interim relief in the form of an injunction or reinstatement order to an employee, Alistair Dunham, who was facing termination of his employment by his employer, Randwick Imaging Pty Limited. The Court was required to decide if the Industrial Relations Act 1988 conferred such powers and whether the Court should exercise its discretion to grant such relief.

The Court considered the relevant statutory provisions, particularly sections 170EE, 170EH, 419, and 431 of the Industrial Relations Act. The Court found that while section 431 generally empowered it to grant injunctions to prevent contraventions of the Act, section 170EH specifically excluded the application of this power to termination of employment cases governed by Subdivision B of Division 3 of Part VIA. Furthermore, the Court held that although section 419 gave it broad power to make orders, this power was subject to jurisdictional limits set by specific statutes, such as the Industrial Relations Act, and could not be used to circumvent those limits. The Court also concluded that section 170EE(4) was a saving provision and did not confer additional power to grant interim relief.

The Court further reasoned that granting interim relief in such cases could lead to an undue burden on the Court and potentially subvert the legislative scheme that prioritised conciliation over litigation. It also noted that the applicant's delay in seeking interim relief and the acrimonious relationship between the applicant and his employer were factors against granting the requested relief.

In light of these findings, the Court refused the application for interim relief and ordered that the matter be referred to the Australian Industrial Relations Commission for conciliation, in accordance with section 170ED of the Industrial Relations Act.