FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Lyons [2003] FCA 1168
COMPENSATION – commonwealth employees – ‘suitable employment’ – requirement that employee ‘did not subsequently terminate that employment’ – whether referrable to constructive termination by employee – whether language of paragraph clear and unambiguous – whether construction contended for open in the context of the other provisions of the legislation - whether constructive dismissal cases support such contention – construction rejected
Acts Interpretation Act 1901 (Cth) s 15AA
Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 19, 19(2), 19(4), 37, 37(1), 37(5), 37(7), 40, 40(1)AAT Case 12,997; AAT Case 12/98 (1998) 98 ATC 183 distinguished
Allison v Bega Valley Council (1995) 63 IR 68 distinguished
Comcare v Line (2002) 71 ALD 69 followed
Comcare v Line [2002] FCA 553 followed
Kallinos v London Electric Wire [1980] IRLR 12 distinguished
Peters v Jenolan Caves Reserve Trust (1998) 86 IR 162 distinguished
Police Service of New South Wales v Batton (2000) 98 IR 154 distinguished
Siagian v SanellPty Ltd (1994) 122 ALR 333 cited
Western Excavating (E.C.C.) Ltd v Sharp [1978] QB 761 distinguished
Wilson v Wilson’s Tile Works Pty Ltd (1960) 104 CLR 328 appliedTELSTRA CORPORATION LIMITED v STEPHEN ANDREW LYONS
W535 of 2001RD NICHOLSON J
24 OCTOBER 2003
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W535 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR RD FAYLE (SENIOR MEMBER) AND
DR D WEERASOORIYA (MEMBER)
BETWEEN:
TELSTRA CORPORATION LIMITED
APPLICANTAND:
STEPHEN ANDREW LYONS
RESPONDENTJUDGE:
RD NICHOLSON J
DATE OF ORDER:
24 OCTOBER 2003
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1. The application by way of amended notice of appeal dated 30 June 2003 be dismissed.
2. The notice of contention and cross appeal be allowed.
3. Paragraph (a) of the decision of the Administrative Appeals Tribunal dated 29 October 2001 be set aside and in lieu there be substituted:
(a)(i)the respondent is liable, pursuant to s19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), to pay weekly incapacity payments to the applicant on the basis that subpara (a) of the s 4(1) definition of ‘suitable employment’ in that Act applies;
(a)(ii)the matter is remitted to the President of the Tribunal for allocation to a Tribunal to determine the rate of weekly incapacity payments (compensation) payable by the applicant to the respondent pursuant to s19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for the following periods:
(A)from the date of the respondent’s dismissal, 5 December 1998, to the date he commenced work with Visionstream (or Bensons);
(B)from the date he commenced work for Visionstream (or Bensons) till May 1999; and
(C)from the date he ceased working for Visionstream (or Bensons) to the present.
4. The applicant pay the respondent’s costs of the appeal and cross appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
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- AGLC
- Telstra Corporation Limited v Lyons [2003] FCA 1168
- Case
- [2003] FCA 1168
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Tribunal correctly interpreted the term "suitable employment" under the Safety, Rehabilitation and Compensation Act 1988 (Cth) and whether the evidence concerning the respondent's conduct prior to his termination was admissible and relevant to the assessment of his incapacity payments. The court had to determine if the Tribunal's findings were consistent with the statutory definition of "suitable employment" and if the evidence was properly considered.
The court found that the Tribunal's interpretation of "suitable employment" was correct and that the evidence of the respondent's conduct prior to his termination was not pertinent to the assessment of incapacity payments. The court concluded that the Tribunal was not required to determine the justification of the respondent's employment termination for the purposes of incapacity payments. The court also held that the Tribunal should have determined the rate and amount of the weekly incapacity payments itself. The appeal was dismissed, and the cross-appeal was allowed. The matter was remitted to the Tribunal to determine the appropriate compensation.
The court ordered that the applicant pay the respondent's costs of the appeal and cross-appeal, and it directed the Tribunal to re-evaluate the amount of weekly incapacity payments due to the respondent for specified periods.
Orders
Orders of the court
1. The application by way of amended notice of appeal dated 30 June 2003 be dismissed.
2. The notice of contention and cross appeal be allowed.
3. Paragraph (a) of the decision of the Administrative Appeals Tribunal dated 29 October 2001 be set aside and in lieu there be substituted:
(a)(i) the respondent is liable, pursuant to s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), to pay weekly incapacity payments to the applicant on the basis that subpara (a) of the s 4(1) definition of ‘suitable employment’ in that Act applies;
(a)(ii) the matter is remitted to the President of the Tribunal for allocation to a Tribunal to determine the rate of weekly incapacity payments (compensation) payable by the applicant to the respondent pursuant to s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for the following periods:
(A) from the date of the respondent’s dismissal, 5 December 1998, to the date he commenced work with Visionstream (or Bensons);
(B) from the date he commenced work for Visionstream (or Bensons) till May 1999; and
(C) from the date he ceased working for Visionstream (or Bensons) to the present.
4. The applicant pay the respondent’s costs of the appeal and cross appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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