Allied Express Transport Pty Ltd v Anderson, Michelle [1997] FCA 1091

FEDERAL COURT OF AUSTRALIA EMPLOYMENT LAW - Termination of employment - Alleged unlawful termination - Employee terminated for returning to former work station after instruction not to do so and for lying to general manager about her movements - Whether employee did these things - Circumstances surrounding her removal from former work station - Factors motivating decision to terminate. Industrial Relations Act 1988, (now Workplace Relations Act 1996) ss 170DB, 170DC and 170DE(1). No. NI.97/1080R ALLIED EXPRESS TRANSPORT PTY LIMITED v MICHELLE ANDERSON JUDGE: WILCOX J PLACE: SYDNEY DATE: 22 OCTOBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI.1080R of 1997

BETWEEN: ALLIED EXPRESS TRANSPORT PTY LIMITED

applicant

AND: MICHELLE ANDERSON

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 22 OCTOBER 1997

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of Judicial Registrar McIlwaine of 4 July 1997 be affirmed. 2. The application for review be dismissed. 3. The moneys paid into Court by the respondent Allied Express Transport Pty Limited be disbursed by paying to: (a) the Commissioner of Taxation the taxation applicable to the said moneys as evidenced by a letter to be provided to the Registrar within 21 days; and (b) by paying the balance of the said moneys to the applicant, Michelle Anderson. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI.1080R of 1997

BETWEEN: ALLIED EXPRESS TRANSPORT PTY LIMITED

Applicant

AND: MICHELLE ANDERSON

Respondent

JUDGE: WILCOX J

DATE: 22 october 1997

PLACE: SYDNEY

REASONS FOR JUDGMENT WILCOX J: This is a review of orders made by a Judicial Registrar in an application under s 170EA of the Industrial Relations Act 1988 (now the Workplace Relations Act 1996) alleging unlawful termination of employment. The review was sought by the former employer, Allied Express Transport Pty Limited ("Allied"), following a finding in favour of the former employee, Michelle Anderson. Ms Anderson was employed by Allied Express from 2 November 1995 until her termination on 21 August 1996. The parties agreed that the review should be conducted on the basis of the evidence adduced to the Judicial Registrar except that Ms Anderson should be recalled for further cross-examination. She was recalled but the cross-examination did not affect her earlier testimony or add significant new facts.