Salt, Kelly Marilyn v Ruskin Nominees Pty Ltd t/as Hytech Drillers [1997] FCA 919

Federal Court of Australia

Document text

C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - complaint of UNLAWFUL TERMINATION - CONDUCT AND PERFORMANCE - claim of VALID REASON - failure to warn - essential element of fairness to treat like cases consistently - no opportunity to defend - COMPENSATION Workplace Relations Act 1996 (formerly Industrial Relations Act 1988) Ss 170DC, 170DE(1), 170EA, 170EDA(1) Nettlefold v Kym Smoker Pty Ltd (1996) 69 IR 370 Nicholson v Heaven and Earth Gallery Pty Ltd (1994) 57 IR 50 Wadey v YWCA Canberra, unreported, IRCA 542/96, Moore J, 12 November 1996 Kelly Marilyn SALT -v- RUSKIN NOMINEES PTY LTD trading as HYTECH DRILLERS WI 1051 of 1997 BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 8 September 1997

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 1051 of 1997 BETWEEN: Kelly Marilyn SALT Applicant AND: RUSKIN NOMINEES PTY LTD Trading as HYTECH DRILLERS Respondent MINUTE OF ORDERS BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 8 September 1997 THE COURT DECLARES THAT: 1. The termination of the applicant's employment by the respondent contravened Section 170DE(1) and 170DC of the Workplace Relations Act 1996. AND THE COURT ORDERS THAT: 2. Within 21 days of the date of making these orders, the respondent pay to the applicant compensation in the sum of $12,000.00 less any amount payable to the Commissioner of Taxation pursuant to the Income Tax Assessment Act 1936 and actually paid. Note: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 1051 of 1997 BETWEEN: Kelly Marilyn SALT Applicant AND: RUSKIN NOMINEES PTY LTD Trading as HYTECH DRILLERS Respondent REASONS FOR DECISION 8 September 1997 R. D. FARRELL JR This is an application under Section 170EA of the then Industrial Relations Act 1988, now known as the Workplace Relations Act 1996 ("the Act"). The application is for compensation arising from the alleged unlawful termination of the employment of the applicant, Ms Kelly Salt ("Ms Salt"), by the respondent, Ruskin Nominees Pty Ltd trading as Hytech Drillers ("Hytech"). Reinstatement was not sought and it was not contended that it was practicable. Hytech contends that the termination was lawful, being for valid reasons connected with Ms Salt's capacity and conduct, as is required by Section 170DE(1) of the Act. The number and nature of those alleged reasons is such that it is necessary for me to set out the evidence concerning the history of Ms Salt's employment in some detail. Hytech Hires Ms Salt. Hytech conducts a business providing blasting and drilling services to the mining industry in, among other places, the Western Australian goldfields centred around Kalgoorlie. Ms Salt was, at the time she commenced employment with Hytech, a woman of 23 years of age. She had some general experience in the mining industry, first working in a mine in Queensland in mid-1994. While in Queensland, she had obtained a "shotfirer's licence", issued to her under the Explosives Act 1952 Qld in June 1996. As a precondition to obtaining that licence, she had completed a correspondence course at the Rockhampton College of TAFE dealing with relevant theoretical knowledge concerning the use of explosives. Ms Salt moved to Western Australia in the hope of obtaining work as a shotfirer, believing there was drill and blast work available in the goldfields. To that end, she paid the necessary fee to have her Queensland shotfirer's licence recognised and on 13 August 1996 she was issued with a "Shotfirer's Permit" under the Explosives and Dangerous Goods Act 1961 W.A. While waiting for an opportunity to work as a shotfirer, she got work driving trucks in Norseman, a small town about 160 kilometres south of Kalgoorlie, where she lived with a cousin. In mid to late August 1996, Hytech placed the following advertisement in the "Kalgoorlie Miner": "HYTECH DRILLERS Drilling and Blasting Contractors DRILLERS AND SHOTFIRERS We require the services of suitably qualified and competent Blast Hole Drillers and Shotfirers for an immediate start at new sites in Western Australia. The successful applicant must have: · Experience in the relevant field of work. · Be able to work with only a minimum of supervision. · Be willing to work in the Kalgoorlie area or, as required on remote sites. · Hold a current mine workers health certificate and "A" class motor vehicle drivers licence. · Be capable of passing a drug screening and police clearance. · Wages to be negotiated based on experience... (The advertisement went on to set out the method of application for the position.)"

Read full text →

Official source

We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 1051 of 1997 BETWEEN: Kelly Marilyn SALT Applicant AND: RUSKIN NOMINEES PTY LTD Trading as HYTECH DRILLERS Respondent MINUTE OF ORDERS BEFORE: R. D. FARRELL JR PLACE: PERTH DATE: 8 September 1997 THE COURT DECLARES THAT: 1. The termination of the applicant's employment by the respondent contravened Section 170DE(1) and 170DC of the Workplace Relations Act 1996. AND THE COURT ORDERS THAT: 2. Within 21 days of the date of making these orders, the respondent pay to the applicant compensation in the sum of $12,000.00 less any amount payable to the Commissioner of Taxation pursuant to the Income Tax Assessment Act 1936 and actually paid. Note: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WI 1051 of 1997 BETWEEN: Kelly Marilyn SALT Applicant AND: RUSKIN NOMINEES PTY LTD Trading as HYTECH DRILLERS Respondent REASONS FOR DECISION 8 September 1997 R. D. FARRELL JR This is an application under Section 170EA of the then Industrial Relations Act 1988, now known as the Workplace Relations Act 1996 ("the Act"). The application is for compensation arising from the alleged unlawful termination of the employment of the applicant, Ms Kelly Salt ("Ms Salt"), by the respondent, Ruskin Nominees Pty Ltd trading as Hytech Drillers ("Hytech"). Reinstatement was not sought and it was not contended that it was practicable. Hytech contends that the termination was lawful, being for valid reasons connected with Ms Salt's capacity and conduct, as is required by Section 170DE(1) of the Act. The number and nature of those alleged reasons is such that it is necessary for me to set out the evidence concerning the history of Ms Salt's employment in some detail. Hytech Hires Ms Salt. Hytech conducts a business providing blasting and drilling services to the mining industry in, among other places, the Western Australian goldfields centred around Kalgoorlie. Ms Salt was, at the time she commenced employment with Hytech, a woman of 23 years of age. She had some general experience in the mining industry, first working in a mine in Queensland in mid-1994. While in Queensland, she had obtained a "shotfirer's licence", issued to her under the Explosives Act 1952 Qld in June 1996. As a precondition to obtaining that licence, she had completed a correspondence course at the Rockhampton College of TAFE dealing with relevant theoretical knowledge concerning the use of explosives. Ms Salt moved to Western Australia in the hope of obtaining work as a shotfirer, believing there was drill and blast work available in the goldfields. To that end, she paid the necessary fee to have her Queensland shotfirer's licence recognised and on 13 August 1996 she was issued with a "Shotfirer's Permit" under the Explosives and Dangerous Goods Act 1961 W.A. While waiting for an opportunity to work as a shotfirer, she got work driving trucks in Norseman, a small town about 160 kilometres south of Kalgoorlie, where she lived with a cousin. In mid to late August 1996, Hytech placed the following advertisement in the "Kalgoorlie Miner": "HYTECH DRILLERS Drilling and Blasting Contractors DRILLERS AND SHOTFIRERS We require the services of suitably qualified and competent Blast Hole Drillers and Shotfirers for an immediate start at new sites in Western Australia. The successful applicant must have: · Experience in the relevant field of work. · Be able to work with only a minimum of supervision. · Be willing to work in the Kalgoorlie area or, as required on remote sites. · Hold a current mine workers health certificate and "A" class motor vehicle drivers licence. · Be capable of passing a drug screening and police clearance. · Wages to be negotiated based on experience... (The advertisement went on to set out the method of application for the position.)"

Read full text →