Australian Municipal Administrative Clerical Services Union v Greater Dandenong City Council (No. 2) [2001] FCA 1076

FEDERAL COURT OF AUSTRALIA

Australian Municipal Administrative Clerical Services Union v Greater Dandenong City Council (No. 2) [2001] FCA 1076

industrial LAW – principles to be applied to the calculation of compensation for employees unlawfully made redundant by respondent – determination of test cases. Workplace Relations Act, ss 298U(b), 298U(c), 298U(e), 298U(f) Fryar v System Services Pty Ltd (1996) 137 ALR 321, cited Westen v Union des Assurances du Paris (1999) 88 IR 259, referred to

AUSTRALIAN MUNICIPAL ADMINISTRATIVE CLERICAL SERVICES UNION & ANOR v GREATER DANDENONG CITY COUNCIL (No. 2) V 248 of 1999

MADGWICK J 1 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 248 of 1999

BETWEEN: AUSTRALIAN MUNICIPAL ADMINISTRATIVE CLERICAL SERVICES UNION

FIRST APPLICANT

WENDY PHILLIPS

SECOND APPLICANT

AND: GREATER DANDENONG CITY COUNCIL

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 1 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS AND DIRECTS THAT:

1. The Chief Executive Officer of the Council and the Secretary of the Union, together with one lay adviser each, to confer within seven days as to the means of applying the principles expounded by and inherent in this judgment to all employees and ex-employees for whom the orders are sought, other than those who have been considered as test cases. 2. The respondent Council take an appropriately sympathetic approach to determining a scheme for the repayment of any monies found, after the appropriate calculations are made, to be owing to it by any employee. 3. The parties have liberty to apply on 48 hours' notice as to any difficulties arising from any unforeseen impact of income tax and as to determination of the way in which any monies that is owing to the respondent Council be repaid. 4. The matter be relisted for further directions on Thursday 16 August 2001 at 9:15am.