Wood v City of Melbourne Corporation

In this case, Colin Keith Wood brought charges against the City of Melbourne Corporation under Section 5(1)(aa) of the Conciliation and Arbitration Act 1904, alleging that the corporation dismissed an employee, Frank Richard Kane, and stood him down because he refused or failed to join in industrial action. The court had to determine whether the corporation's actions were influenced by the employee's failure to join the strike and whether the corporation acted with the requisite intent as defined by the Act. The court considered the relevant legal issues and the facts of the case to reach a decision.

The court found that the corporation did not dismiss or stand down Kane because he refused or failed to join the strike. The corporation's actions were influenced by other factors, such as the strike's disruption to the corporation's operations and the fear of violence and further bans on the corporation's vehicles. The court concluded that the corporation's intent was not based on Kane's failure to join the strike, and therefore, the charges against the corporation were dismissed.