Carey v President of the Industrial Court Queensland
[2004] QCA 62
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Applicant unfairly dismissed from employment and sought reinstatement of former position; where applicant was temporary employee under section 113 Public Service Act 1996 (Qld); where employment position had ceased and reinstatement impossible; determined effect of orders sought beyond scope of reinstatement; application dismissed: Commissioner Bloomfield
Primary Judgment
[2002] ICQ 52 (2002) 171 QGIG 391
06 Nov 2002
Applicant appealed against [2002] QIRC 130; whether reinstatement available where former position no longer available; appeal dismissed: President Hall
Primary Judgment
[2003] QSC 272
29 Aug 2003
Applicant applied for judicial review of [2002] ICQ 52; where decision of Industrial Court amenable to review for jurisdictional error only; whether refusal to reinstate constituted jurisdictional error; no error found and application dismissed: PD McMurdo J
Appeal Determined (QCA)
[2004] QCA 62 [2004] 2 Qd R 359
12 Mar 2004
Applicant appealed against [2003] QSC 272; where, contrary to decisions below, reinstatement was possible for a period of seven days but lacked practical utility such that primary judge did not err in dismissing application; appeal dismissed with costs: McPherson and Davies JJA and Mackenzie J
Appeal Status
Appeal Determined (QCA)
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