DISMISSAL OF JOURNALIST

Press, Volume XCVIII, Issue 28938, 4 July 1959, Page 13

DISMISSAL OF JOURNALIST

Breach Of Award By Employers (Rec. 8.15 p.m. ) MELBOURNE, July 3. The Commonwealth Industrial Court found today that the Sydnew newspaper publishing company, John Fairfax and Sons Pty. Ltd., had committed a breach of the Journalists’ Award in terminating the employment of George Hedley Kitchen Kerr. Kerr, a special A grade member of the Australian Journalists’ Association, was formerly senior Canberra • reporter for the “Sydney Morning Herald,” published by John Fairfax and Eons. Sydney Page Crosland, general secretary of the AJ. A., sued John Fairfax and Sons under Section 119 of the Conciliation and Arbitration Act for an alleged breach of the Journalists’ Award The Court today: Found that John Fairfax and Sons breached the award on April 9 by terminating Kerr’s employment contrary to the award and by failing to give

Kerr 12 weeks’ notice or 12 weeks’ pay in lieu of notice Ordered the company to pay Kerr £477, being the amount to which he was entitled under

the award. Ordered John Fairfax and Sons to pay the claimant his costs.

The Industrial Court Judges decided unanimously. to impose no penalty against John Fairfax and Sons. *

The judgments of the three Judges said Kerr was dismissed after he prepared an article published in the “Sydney Morning Herald” on April 3, which said that according to an official report from the Prime Minister’s office. Mr Menzies would abandon the entire Richardson report on Parliamentary salaries if caucus resolved to amend or reject it.

The “Sydney Morning Herald’ on April 8 said the statement had been made for publication by Mi Robert Kennedy, official spokesman for the Prime Minister.

Mr Kennedy later denied having issued either an official or unofficial report in the terms mentioned.

The Chief Judge of the Industrial Court, Mr Justice Spicer, said Kerr’s conduct in writing the original article with its erroneous des-

cription of material he Had received from another “Sydney Morning Herald” journalist' tn Canberra was not of itself such as to justify dismissal Her said Kerr’s conduct did not justify his dismissal under the award.