Federal Court of Australia
CATCHWORDS
INDUSTRIAL LAW - Termination of employment - substitution of respondent's name - no valid reason for termination - compensation - factors taken into account - annual leave, sick leave, long service leave, superannuation contributions and worker's compensation insurance.
Industrial Relations Act 1988, s.170DE, s.170EE.
IAN ALEXANDER WILLIAMS -v- KIRKMAN'S CRANE TRUCKS OF MELBOURNE PTY LTD
NO. VI 1222 of 1994
Before: STAINDL JR
Place: MELBOURNE
Date: 23 November 1994
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 1222 of 1994
BETWEEN:
IAN ALEXANDER WILLIAMS Applicant
AND
KIRKMAN'S CRANE TRUCKS OF MELBOURNE PTY LTD Respondent
MINUTES OF ORDER
23 November 1994 Judicial Registrar Staindl
THE COURT DECLARES:
1. That the termination by the respondent, as substituted, of the employment of the applicant contravened Division 3 Part VIA of the Industrial Relations Act 1988;
AND THE COURT ORDERS:
2. By consent that the name of the respondent be substituted by W.K. and C.G. Kirman Transport Pty Ltd.
3. That the respondent, as substituted, pay to the applicant compensation of $16,000.00.
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 1222 of 1994
BETWEEN:
IAN ALEXANDER WILLIAMS Applicant
AND
KIRKMAN'S CRANE TRUCKS OF MELBOURNE PTY LTD Respondent
EX TEMPORE REASONS FOR JUDGMENT - REVISED FROM TRANSCRIPT
23 November 1994 Judicial Registrar Staindl
About 18 years ago, on 1 July 1976, Ian Alexander Williams commenced employment with a company known as Weeks Transport Pty Limited. Although the ownership of this company changed hands in ensuing years Mr Williams remained with the company and its successors until 18 July 1994. The applicant is now aged 53 and prior to this employment he had worked for almost 10 years with Mayne Nickless. This is a most impressive employment history. The applicant was employed with the respondent as driver of a crane truck and received a glowing reference form his superior, Mr Bonner, following the termination of his employment.
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