Janis Bailey

EXHIBITION REVIEW

In the MATTER of the First Person REINSTATEMENT : 1916 — Principles of Law

Literally tied up with red tape, held together in the corner with a public service push-pin, a beautifully presented Industrial Court file, replete with photographs and facsimiles of documents, was given to guests at the launch of a recent exhibition at the Queensland Industrial Relations Commission, Eagle Street, Brisbane.	1
The exhibition — and the file (downloadable at the URL http://www.qirc.qld.gov.au/) — summarise the case of the first person reinstated in the Queensland industrial jurisdiction, in 1916.	2
Judge Frederick W. Dickson of the Queensland Industrial Court found that sanitary employee, August Prove, who worked for the Maryborough City Council, was unjustly dismissed and ordered his reinstatement and reimbursement of wages.	3
Mr Prove (rhymes with 'cove'), 31, collected sanitary pans from dunnies with his trusty cart-horses and dray. He was dismissed for allegedly 'dumping', that is leaving half-emptied pans in closets. He claimed that he had been ordered to 'dump' by his Sanitary Inspector. The Inspector, on the other hand, alleged Prove was impudent and insubordinate and generally neglectful of his duties, and denied telling him to 'dump'.	4
Prove said, further, that he had not been given the chance to respond to the Inspector's allegations. Significantly, Mr Prove was a union delegate for the Australian Workers Union at the time.	5
The incidents caused a stir in Maryborough. A special meeting of Council endorsed the dismissal. Telegrams were sent to the Commissioner for Health and the Honourable Home Secretary in Brisbane about the matter — an outbreak of the plague was suggested, especially when Mr Prove's co-workers went on strike. They agreed to return to work when the dismissal was submitted to a judge for settlement.	6
In deciding wholly in favour of Prove, Acting Judge Frederick W. Dickson became the first judge in Queensland to order the reinstatement of an employee who had been unjustly dismissed. 'Altogether a trumpery log of complaints', he found. The Inspector's list of complaints from six householders was countered by the applicant's tendering an affidavit signed by 186 householders who confirmed his civility and attention to his duties.	7
Prove was one of eight (living) children of German immigrants. Born in 1885, he died in 1952. It is not known how long he continued his employment with the Council after his reinstatement, but his grandson recalls him living near 'the dump' with his horses all his life.	8
The exhibition focuses on the role of the Judge. Justice Dickson, born in Melbourne in 1859, was the second son of a former Premier of Queensland and then Federal Minister for Defence, Sir James R. Dickson. Justice Dickson held several roles as Crown Prosecutor, and acting judge of the Supreme Court and District Court, as well as the Industrial Court. He was well known for formulating an award popularly named after him, the 'Dickson Award' for the sugar industry.	9
The exhibition also focuses on the role of the law, with Justice Dickson articulating the principles of law which are still applicable to unfair dismissal proceedings today.	10
This story is presented in impeccable fashion. The research skills of Michele Little, Research Officer at the QIRC, and the graphic skills of Richard Stevens, Acing Senior Designer with Corporate Solutions Queensland, combine to create a beautifully crafted outcome.	11
Were the subject matter not so topical, one would refer to this as 'a delightful exhibition'. The current context gives the display a certain grimness, however; a point taken up by Parliamentary Secretary Karen Struthers MP who opened the exhibition.	12
More so than the media stories on the effects of projected changes to the unfair dismissal jurisdiction (amongst a raft of other changes), this exhibition rings alarm bells about their undoubted social costs. The 'fair go all round' may soon be of quaint historical interest only for most Australian workers — as may the century-old role of the impartial umpire. The Commission is to be congratulated on its display. There is no preaching in this exhibition. The simple unvarnished facts — impeccably presented — speak for themselves.	13

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