Colin Raymond Maggs v Victorian Arts Centre Trust [1994] IRCA 77

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI-261/1994 B E T W E E N: COLIN RAYMOND MAGGS AND: VICTORIAN ARTS CENTRE TRUST COURT: RYAN J.R. PLACE:MELBOURNE DATE: 14 OCTOBER 1994

REASONS FOR JUDGMENT

EMPLOYMENT HISTORY From May 1984 to December 1992 the applicant worked for the Victorian Arts Centre Trust as a stage door keeper. For three and a half years until the end of 1987 he was employed on a casual basis. He was then appointed as a permanent stage door keeper and rose to the position of senior door keeper. By letter dated 1 December 1992 (Exhibit R1) he resigned in writing advising the Deputy Personnel Manager of the Victorian Arts Centre as follows "After much consideration it is with regret that I will be terminating my employment as Senior Stage Door Keeper with the Victorian Arts Centre. In doing so, I will be taking the option of early retirement from the close of my shift on Saturday 12 December". On 18 February 1993 he returned to work at the Centre as a casual stage door keeper. For fourteen months, until 24 April 1994 he was employed on a regular basis and seems to have averaged thirty to forty hours a week shift work with one week only of leave in May 1993.

TERMINATION On 12 April 1994, without any warning or consultation, he was summoned to the office of the Manager, Venue Operations, Victorian Arts Centre Trust. The manager, Andrew Moon, advised the applicant that he would not be rostered for any shifts after 24 April because of changes to the rostering arrangements. The applicant's immediate superior, David Anderson, Stage Supervisor, Theatres, was also present but does not appear to have taken an active part in the meeting or, indeed, in the decision. The applicant claims that the decision to stop providing him with shift work as a casual door keeper and the fact that he has not been offered any further shift work amounts to a termination of employment within the terms of Division 3 of Part VIA of the Industrial Relations Act 1988. He claims the termination was unlawful and on 2 May 1994 he applied in this Court for reinstatement and compensation pursuant to Section 170EA.