Haines and Qantas Airways Ltd [1994] IRCA 147

INDUSTRIAL RELATIONS COURT

OF AUSTRALIA

SYDNEY DISTRICT REGISTRY No. NI 663 OF 1994

BETWEEN

CHRISTOPHER HAINES

Applicant

AND

QANTAS AIRWAYS LTD

Respondent

Coram: Patch JR Place: Sydney Date: 5 December 1994

MINUTES OF ORDER

1. That the termination of the applicant's employment by the respondent contravened s. 170DC, and s. 170DE (1), of the Industrial Relations Act 1988;

2. That the applicant be reinstated by the respondent by being reappointed to the position occupied by him immediately before the termination of his employment, and that that reinstatement take effect forthwith;

3. That the Respondent, on or before 28 December 1994, pay to the Applicant the sum of $17,719.53, for remuneration lost by the applicant because of the termination of his employment;

4. That the period from 29 July 1994 to 6 December, inclusive, be treated, for all purposes, as continuous employment of the applicant by the respondent in the position occupied by the Applicant immediately before the termination of his employment.

Note: Settlement and entry of orders is dealt with in accordance with Order 36 of the Industrial Relations Court Rules. INDUSTRIAL RELATIONS COURT

OF AUSTRALIA

SYDNEY DISTRICT REGISTRY No. NI 663 OF 1994

BETWEEN

CHRISTOPHER HAINES

Applicant

AND

QANTAS AIRWAYS LTD

Respondent

Coram: Patch JR

Place: Sydney

Date: 5 December 1994

REASONS FOR JUDGMENT

This is an application under section 170EA of the Industrial Relations Act 1988 ("The Act").

The applicant seeks the following orders:

1. (a) An order declaring the termination of the employer's employment of the employee to have contravened Division 3 of Part VIA of the Act;

(b) An order requiring the Respondent to reinstate the employee in employment; and

(c) An order that the Respondent pay compensation to the employee.