Marazzato, Nadia v Qantas Airways Ltd [1997] FCA 695

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - complaint of UNLAWFUL TERMINATION - VALID REASON - OPERATIONAL REQUIREMENT - whether operational imperative to terminate employment - whether decision to terminate capricious - whether REINSTATEMENT impracticable - Workplace Relations Act 1996 (Cth) ss170DE(1), 170EA, 170EE Safety, Rehabilitation and Compensation Act 1988 (Cth) MARAZZATO -V- QANTAS AIRWAYS LIMITED VI 1174 of 1997 PARKINSON JR MELBOURNE 9 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VI 1174 of 1997 ) GENERAL DIVISION ) B E T W E E N: Nadia MARAZZATO Applicant AND: QANTAS AIRWAYS LIMITED Respondent JUDICIAL REGISTRAR : PARKINSON PLACE : MELBOURNE DATED : 9 JULY 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Pursuant to Subsection 170EE(1)(a)(i) of the Workplace Relations Act 1996, the Respondent on Monday 14 July, 1997 re-appoint the applicant to the position of Flight Attendant in which she was employed immediately before the termination of the employment. 2. Pursuant to Subsection 170EE(1)(b)(i) of the Workplace Relations Act 1996, the employment of the applicant by the respondent be treated for all purposes as having been continuous between the date of the termination of employment and the date of re-appointment made in accordance with Order 1 herein. 3. Pursuant to Subsection 170EE(1)(b)(ii) of the Workplace Relations Act 1996, the respondent pay to the applicant, within 21 days of the date of this Order, remuneration lost by the applicant as a consequence of the termination of the employment, between the date of the termination of the employment and the date of re-appointment. 4. The parties have leave to apply to the Court upon 24 hours notice in the event that agreement cannot be reached in relation to the calculation of the amount of lost remuneration ordered pursuant to Order 3 herein. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules