Federal Court of Australia
FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - alleged UNLAWFUL TERMINATION - whether termination at initiative of the employer - application dismissed - no point of principle.
Industrial Relations Act 1988 (now Workplace Relations Act 1996) s 170EA. Mohazab v Dick Smith Electronics Pty Ltd (No 2) (1995) 62 IR 200. Daw v Flinton Pty Ltd (unreported, IRCA No. 1180 of 1997, R.D. Farrell, 24 October 1997). Carrigan v Darwin City Council, (unreported, IRCA No. 101 of 1997, von Doussa J, 20 March 1997) Woods v WM Car Services (Peterborough) Limited [1982] IRLR 347. Patricell v Glenis Stephenson Trading as L.J. Hooker Real Estate: unreported, IRCA No. 664 of 1995, R.D. Farrell JR, 18 December 1995). Ciampa v Licandro (unreported, IRCA No. 294 of 1995, Parkinson JR, 30 June 1995). ANDREW BARNES -v- CANON AUSTRALIA PTY LTD WI 1072 OF 1997 R.D. FARRELL JR 22 MAY 1998 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WI 1072 of 1997
BETWEEN: ANDREW BARNES
Applicant
AND: CANON AUSTRALIA PTY LTD
Respondent
court: RD FARRELL JR
DATE OF ORDER: 10 september 1997
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The time for filing any application arising from Order 1 shall run from the date on which the reasons for decision are published. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WI 1072 of 1997
BETWEEN: ANDREW BARNES
Applicant
AND: CANON AUSTRALIA PTY LTD
Respondent
court: RD FARRELL JR
DATE: 22 MAY 1998
PLACE: PERTH
REASONS FOR JUDGMENT
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, Mr Andrew Barnes ("Mr Barnes") by the respondent, Canon Australia Pty Ltd ("Canon"). Reinstatement is not sought.
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