Italiano, Bill v Bethesda Hospital [1998] FCA 712

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - whether there was an express termination of employment by the respondent or a resignation by the applicant. - whether the resignation was initiated or resulted from the actions of the employer - whether there is a termination of employment at the initiative of the employer or the employee - whether there has been a contravention of s170CK - whether a proscribed matter formed any part of the reason for the termination of the employment at the initiative of the employer. Workplace Relations Act 1996 (Cth) ss 170CK, 170CR. Johns v Gunns Ltd (1995) 60 IR 258 BILL ITALIANO v BETHESDA HOSPITAL VG 0057 of 1998 PARKINSON JR MELBOURNE 19 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 0057 of 1998

BETWEEN: BILL ITALIANO

Applicant

AND: BETHESDA HOSPITAL

Respondent

JUDicial PARKINSON

registrar:

DATE OF ORDER: 19 june 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pursuant to s170CR(1) of the Workplace Relations Act 1996 (Cth) a penalty of $500.00 be imposed upon the respondent; 2. The penalty in Order 1. hereof be paid to the applicant; 3. Pursuant to s170CR(3) of the Workplace Relations Act 1996 (Cth) the respondent pay to the applicant compensation in the sum of $ 3,105.72; 4. Payment of the amounts in Orders 1 and 3 hereof be made within twenty-one days of the date of this order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 0057 of 1998

BETWEEN: BILL ITALIANO

Applicant

AND: BETHESDA HOSPITAL

Respondent

JUDICIAL REGISTRAR: PARKINSON

DATE: june 1998

PLACE: MELBOURNE