Ridd v. James Cook University
Case No.
B12/2021
Case Information
Lower Court Judgment
22/07/2020; 31/07/2020 Federal Court of Australia (Griffiths, Rangiah and SC Derrington JJ)
[2020] FCAFC 123; [2020] FCAFC 132
Catchwords
Industrial law – Enterprise agreement – Where applicant employed as professor by respondent under James Cook University Enterprise Agreement (“EA”) – Where EA cl 14 protected right to intellectual freedom and specified limits – Where respondent has Code of Conduct and in cl 13, parties to EA expressed commitment to Code – Where cl 54 provided disciplinary action could only be taken for “misconduct” or “serious misconduct” – Where “serious misconduct” included breach of Code – Where respondent took disciplinary action against applicant on basis applicant breached Code by failure to act in collegial manner and to uphold integrity and good reputation of respondent – Where applicant successfully brought proceedings in Federal Circuit Court alleging respondent contravened EA because he could not be disciplined for conduct protected under cl 14 – Where respondent successfully appealed to Full Court of the Federal Court – Whether applicant’s conduct protected by cl 14 – Whether, on proper construction of EA, cl 14, 13 and Code should be read together – If so, whether cl 13 qualifies cl 14 or vice versa.
Documents
11/02/2021 Hearing (SLA, Canberra)
23/02/2021 Notice of appeal
15/04/2021 Written submissions (Appellant)
15/04/2021 Chronology (Appellant)
13/05/2021 Written submissions (Respondent)
27/05/2021 Reply
23/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
23/06/2021 Outline of oral argument (Appellant)
23/06/2021 Outline of oral argument (Respondent)
13/10/2021 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Matthew Ward Price as Executor of the Estate of Alan Leslie Price (deceased) & Ors v Christine Claire Spoor as Trustee & Ors
Date: 04 March 2021
Transcript: Hearing
AV time: 2hrs 42m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: Ceremonial Sitting To Welcome the Honourable Justice Jacqueline Sarah Gleeson As A Justice Of The High Court Of Australia
Date: 01 March 2021
Transcript: Hearing
AV time: 0hr 45m
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Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: DV016 v Minister for Immigration and Border Protection & Anor; BNB17 v Minister for Immigration and Border Protection & Anor
Date: 10 February 2021
Transcript: Hearing
AV time: 3hr 34m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Victoria International Container Terminal Limited v Lunt & Ors
Date: 09 February 2021
Transcript: Hearing
AV time: 1hr 26m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.