Lodge, Aaron John v Auspine Ltd [1997] FCA 1340

FEDERAL COURT OF AUSTRALIA LIMITED DISTRIBUTION INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - ONUS OF PROOF - VALID REASON - SERIOUS MISCONDUCT. Workplace Relations Act 1996 (Cth) ss 170DC, 170DE, 170EDA AARON JOHN LODGE v AUSPINE LIMITED TI 1007 of 1997 MURPHY JR LAUNCESTON 12 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

LAUNCESTONDISTRICT REGISTRY TI 1007 of 1997

BETWEEN: AARON JOHN LODGE

Applicant

AND: AUSPINE LIMITED

Respondent

JUDGE: MURPHY JR

DATE OF ORDER: 12 NOVEMBER 1997

WHERE MADE: LAUNCESTON

THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

LAUNCESTONDISTRICT REGISTRY TI 1007 of 1997

BETWEEN: AARON JOHN LODGE

Applicant

AND: AUSPINE LIMITED

Respondent

JUDGE(S): MURPHY JR

DATE: 12 NOVEMBER 1997

PLACE: LAUNCESTON

REASONS FOR JUDGMENT INTRODUCTION The respondent carries the onus of proof that it had a valid reason to terminate the applicant's employment as a yard-hand: ss 170EDA(1) and 170DE(1) of the Workplace Relations Act 1996 (Cth) ("the Act"). The applicant's employment was terminated on 27 June 1996 for the reason that he had been involved in the unauthorised removal of company product.

WITNESSES The respondent led evidence from Mr Ron Apted and Mr Anthony (Mike) Walker. They identified the applicant as being involved in a particular incident on the morning of 27 June. The respondent further called Mr Leigh Mathys, the then plant manager, Ms Maureen Smith, the employee relations officer, and Mr Robert Harper, a union shop steward. The last three were present at the termination interview. Mr Oakenfall was also called in relation to an incident on 13 June. The applicant gave evidence. He called his team leader Mr Mark Brown, another team worker, Mr Christopher Smith, and a friend, Mr Shane Brown.