Mitchell v Steggles Ltd [1999] FCA 1036

FEDERAL COURT OF AUSTRALIA

Mitchell v Steggles Ltd [1999] FCA 1036 INDUSTRIAL LAW – unfair termination – valid reason – employee terminated after taking leave because of work-related injury and after being declared fit to return to work by the medical practitioner of the insurance company, but just before the employee's treating specialist had examined the employee and also declared him fit for duty EVIDENCE – failure to give evidence – rule in Jones v Dunkel Industrial Relations Act 1988 (Cth) (now known as the Workplace Relations Act 1996 (Cth) ss 170EA, 170DB and 170EE Jones v Dunkel (1959) 101 CLR 298 referred to

GARRY JOHN MITCHELL V STEGGLES LTD NO. NI 1224 OF 1996 JUDGE: WALKER JR

DATE: 30 JULY 1999 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 1224 OF 1996

BETWEEN: GARRY JOHN MITCHELL

Applicant

AND: STEGGLES LTD

Respondent

JUDGE: WALKER JR

DATE OF ORDER: 30 JULY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Respondent has contravened section 170 DE(1) of the Workplace Relations Act 1996 ("the Act") in relation to the Applicant 2. In accordance with section 170 EE of the Act, reinstatement is impracticable 3. In accordance with section 170 DB(2) of the Act, an amount of $1,052.00 is awarded to the Applicant 4. In accordance with section 170 EE(3) of the Act, an amount of $10, 632.00 is payable to the Applicant 5. A total amount of $11, 684.00 is to be paid by the Respondent to the Applicant within twenty-eight working days from today. NOTE: 6. No order as to costs

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 1224 OF 1996

BETWEEN: GARRY JOHN MITCHELL