David Carey v President of the Industrial Court of Queensland & Anor

[2003] QSC 272

Supreme Court of Queensland

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial Review
3. › Jurisdictional error
4. › Inferior court of limited jurisdiction
5. › Misconstruction of statute affecting jurisdiction
6. › Whether decision involved jurisdictional error or mere error within jurisdiction
7. › Judicial Review Act 1991 (Qld), s 43
1. Administrative Law
2. › Judicial Review
3. › Privative clauses
4. › Finality provisions
5. › Effect of privative clause on availability of certiorari
6. › Whether review limited to jurisdictional error
7. › Industrial Relations Act 1999 (Qld), s 349
1. Industrial Law
2. › Unfair dismissal
3. › Reinstatement
4. › Temporary employee
5. › Whether reinstatement available where temporary engagement has expired
6. › Meaning of 'former position'
7. › Industrial Relations Act 1999 (Qld), s 78(2)
1. Administrative Law
2. › Judicial Review
3. › Discretionary refusal of relief
4. › Lack of utility
5. › Whether relief should be refused where reinstatement would result in only brief re-engagement terminable on two weeks' notice

Quick Take

Reinstatement under s 78(2) of the Industrial Relations Act 1999 (Qld) requires restoration of the pre-existing employment relationship with its original rights and entitlements. Where a temporary employee's fixed-term engagement has expired, reinstatement is not available because it would create a different employment relationship rather than restoring the former one. The availability of judicial review is discretionary and may be refused where the relief sought lacks utility.