Furey, Frank George v Civil Service Association of Western Australia [1998] FCA 733

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - alleged UNLAWFUL TERMINATION - whether termination at the initiative of the employer - alleged abandonment - whether entitlement to notice - damages in lieu of notice - effect of exgratia payment - whether termination for reasons including a proscribed reason - whether temporary absence from work because of illness - failure to provide medical certificates - whether seeking office as a representative of employees - seeking office within employer where employer is an employee organisation - whether substantial an operative factor in decision. Workplace Relations Act 1996 ss 170CP, 170CE, 170CK, 170CM, 170CQ, 170CR. Workplace Relations Regulationsr 30C, 30CA. Mohazab v Dick Smith Electronics Pty Ltd (1995) 62 IR 200. Stojanovic v The Commonwealth Club (unreported, IRCA No. 652 of 1995, Moore J, 8 December 1995). Chomiczewski v Cadbury Schweppes Pty Ltd (unreported, IRCA. No. 459 of 1996, Parkinson JR, 5 September 1996) Black v Brimback City Council (unreported, FCA No. 74 of 1998, Moore J, 12 February 1998). Pacific Publications Pty Ltd v Cantlon (1983) 4 IR 415. Bill v Welding Technology Institute of Australia (unreported, IRCA No. 22 of 1998, McIlwaine JR, 16 June 1997). FRANK GEORGE FUREY -v- CIVIL SERVICE ASSOCIATION OF W.A. (INCORPORATED) WAG 82 OF 1997 R.D. FARRELL JR 19 JUNE 1998 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 82 of 1997

BETWEEN: Frank George Furey

Applicant

AND: Civil Service Association of W.A. (Incorporated)

Respondent

BEFORE: R.D. FARRELL JR

DATE OF ORDER: 19 JUNE 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: The respondent pay the applicant within 14 days damages of $2,292.00 pursuant to Subsection 170CR(4) of the Workplace Relations Act 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.