Blackadder v Ramsey Butchering Services Pty Ltd

[2005] HCA 22
Judgment date
Case number
S186/2004
Before
McHugh, Kirby, Hayne, Callinan, Heydon JJ
Catchwords

Industrial law – Reinstatement - Employer ordered to reinstate dismissed employee to the position in which he was employed prior to being dismissed - Employer reinstated employee subject to conditions - Employee paid wage but not provided with work - Whether reinstatement order made under s 170CH of the Workplace Relations Act 1996 (Cth) requires employer to provide employee with work - Whether employee was reinstated to the position in which he was employed prior to being dismissed.

Federal Court – Jurisdiction - Power - Whether Federal Court may make an order for enforcement of reinstatement order.

Words and phrases – "position", "reappoint", "reinstate".

Workplace Relations Act 1996 (Cth) – ss 178, 170CH, 170JC(3).

Files
22.rtf (68.82 KB)
22.pdf (119.54 KB)