Joanne Margaret Milner v Amtron Australia Pty Ltd [1994] IRCA 173

CATCHWORDS

INDUSTRIAL LAW - Termination of employment - alleged failure of applicant to get on with others - no valid reason - termination on the grounds of sex - sexual harassment - reinstatement impracticable - compensation.

Industrial Relations Act 1988, ss.170DE, 170DF and 170EE.

Prince -v- Rentokil Pty Limited, unreported, Parkinson JR, 11 November 1994

JOANNE MARGARET MILNER -v- AMTRON AUSTRALIA PTY LIMITED

NO. VI 1433 of 1994

Before: STAINDL JR

Place: MELBOURNE

Date: 20 DECEMBER 1994

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1433 of 1994

BETWEEN:

JOANNE MARGARET MILNER Applicant

AND

AMTRON AUSTRALIA PTY LIMITED Respondent

MINUTES OF ORDER

20 December 1994 Judicial Registrar Staindl

THE COURT DECLARES:

That the termination of the Applicant's employment by the Respondent contravened Division 3 of Part VIA of the Industrial Relations Act 1988.

THE COURT ORDERS:

1. That the respondent pay to the applicant compensation of $5,000.00.

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 1433 of 1994

BETWEEN:

JOANNE MARGARET MILNER Applicant

AND

AMTRON AUSTRALIA PTY LIMITED Respondent

REASONS FOR JUDGMENT (EX TEMPORE)

20 December 1994 Judicial Registrar Staindl

On 24 August 1994, Joanne Robertson (formerly Milner) filed an application in the Industrial Relations Court pursuant to section 170EA of the Industrial Relations Act. The application arose out of the termination of her employment by Amtron Australia Pty Limited ("Amtron").

Amtron sells electronics components. Its head office is in Sydney but it has a branch office in Melbourne. In January 1994 the applicant was employed on a part-time basis to do receptionist/secretarial work. In about May/June 1994 she was asked to work full-time. She agreed to this.