Shields v Carlton & United Breweries (NSW) Pty Ltd [1999] FCA 377

FEDERAL COURT OF AUSTRALIA

Shields v Carlton & United Breweries (NSW) Pty Ltd [1999] FCA 377 INDUSTRIAL LAW – termination of employment for alleged misconduct – relevance of evidence of employer's condonation of similar acts of misconduct in the past – whether setting aside of findings of fact at first instance questioned on appeal entails conclusion that no valid reason existed – employee's opportunity to respond to allegations – whether extends to opportunity to raise extenuating circumstances or other mitigating factors. Industrial Relations Act 1988 (Cth)ss170DC and 170DE.

Perrin v Des Taylor Pty Ltd (1995) 58 IR 254, applied. Walton v Mermaid Dry Cleaners Pty Ltd (1996) 142 ALR 681, referred to. Aitken v Construction, Mining, Energy, Timberyards, Sawmills & Woodworkers Union of Australia (WA Branch) (1995) 63 IR 1, applied. Burazin v Blacktown City Guardian Pty Ltd (1996) 142 ALR 144, applied.

ERIC SHIELDS v CARLTON & UNITED BREWERIES (NSW) PTY LIMITED NG 1108 OF 1998

RYAN, MOORE AND MARSHALL JJ

8 APRIL 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1108 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ERIC SHIELDS

Appellant

AND: CARLTON AND UNITED BREWERIES (NSW) PTY LIMITED

Respondent

JUDGES: RYAN, MOORE AND MARSHALL JJ

DATE OF ORDER: 8 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. That much of the order of Wilcox J of 13 October 1998 dismissing the application by Eric Clarence Shields under s170EA of the Industrial Relations Act 1988 (Cth) be set aside. 2. The respondent pay the appellant the sum of $931.25 by way of compensation within 21 days of the date of this order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.