Blackadder v Ramsey Butchering Services Pty Ltd

HIGH COURT OF AUSTRALIAMcHUGH, KIRBY, HAYNE, CALLINAN AND HEYDON JJSTEPHEN BLACKADDER   APPELLANTANDRAMSEY BUTCHERING SERVICES PTY LTD RESPONDENTBlackadder v Ramsey Butchering Services Pty Ltd[2005] HCA 2227 April 2005S186/2004ORDER1.        Appeal allowed;2.Set aside the orders of the Full Court of the Federal Court of Australia dated 21 February 2003 and, in their place, order that:a. the appeal be allowed in part;b. order 3 of the orders of Madgwick J in the Federal Court of Australia dated 21 May 2002 be varied by deleting therefrom the words "and for a period of 14 days thereafter";c. order 4 of those orders be set aside; andd. otherwise the appeal be dismissed.On appeal from the Federal Court of Australia Representation:S C Rothman SC with C T Magee for the appellant (instructed by MRM Solicitors)G J Hatcher SC with B K B Cross for the respondent (instructed by Hannigans Solicitors)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBlackadder v Ramsey Butchering Services Pty LtdIndustrial 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 –...