Douglas-Smith, Eoin Michael v Aquip Machinery [1998] FCA 1206

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - alleged UNLAWFUL TERMINATION - whether VALID REASON – CONDUCT – whether employee given opportunity to defend himself – conduct not known to employer at time of termination.

Industrial Relations Act 1988 (now Workplace Relations Act 1996) - ss 170DC, 170DE, 170DF, 170EA, 170EDA. Cosco Holding Pty Ltd v Thu Thi Van Do (unreported Federal Court No. 1353 of 1997, Full Court, 4 December 1997). Qantas Airways Limited v Cornwall (unreported Federal Court No. 865 of 1998, Full Court, 24 July 1998). Sherman v Peabody Coal Ltd (unreported Federal Court No. 140 of 1998, Moore J, 27 February 1998). Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371. EOIN MICHAEL DOUGLAS-SMITH –v- AQUIP MACHINERY WI 1069 of 1997 R.D. FARRELL JR PERTH 25 September 1998

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIADISTRICT REGISTRY WI 1069 of 1997

BETWEEN: EOIN MICHAEL DOUGLAS-SMITH

Applicant

AND: AQUIP MACHINERY

Respondent

COURT: RD FARRELL JR DATE OF ORDER: 25 September 1998 WHERE MADE: PERTH

THE COURT DECLARES AND ORDERS THAT:

1. The respondent terminated the employment of the applicant in contravention of section 170DE(1) and 170DC of the Workplace Relations Act 1996 ("the Act"). 2. The respondent pay to the applicant within 21 days the sum of $32,000 as compensation pursuant to section 170EE of the Act less any amount payable to the Commissioner of Taxation pursuant to the Income Tax Assessment Act 1936 and actually paid. 3. The respondent pay to the applicant within 21 days the sum of $12,595.09 for commissions due and not paid, less any amount payable to the Commissioner of Taxation pursuant to the Income Tax Assessment Act 1936 and actually paid.

Note: Settlement and entry of orders is dealt with in Order 36 of the FEDERAL COURT OF AUSTRALIA Rules.