Stephen Koenig v City of Darebin [1994] IRCA 191

CATCHWORDS

INDUSTRIAL LAW - Termination of employment - employee performing private work in working hours - other matters relating to performance - whether procedural fairness - whether harsh, unjust or unreasonable - reinstatement.

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

Nicolson -v- Heaven & Earth Gallery Pty Limited (unreported, Wilcox CJ, 20 September 1994).

Byrne -v- Australian Airlines Limited (1994) 120 ALR 274

Wheeler -v- Philip Morris Limited (1989) 97 ALR 282

STEPHEN KOENIG -v- CITY OF DAREBIN

NO. VI 1439 of 1994

Before: MURPHY JR

Place: MELBOURNE

Date: 16 December 1994

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1439 of 1994

BETWEEN:

STEPHEN KOENIG Applicant

AND

CITY OF DAREBIN Respondent

MINUTES OF ORDER

16 December 1994 Judicial Registrar Murphy

THE COURT ORDERS THAT:

1. The termination of the applicant's employment by the respondent contravenes the provisions of sections 170DC and 170DE of the Industrial Relations Act 1988;

2. The respondent reinstate the applicant by appointing him to another position on terms and conditions no less favourable than those on which the applicant was employed immediately before the termination, and that reinstatement operate from the date of this decision;

3. The respondent pay to the applicant the sum calculated at the rate of $1016 per week for the period from 22 August 1994 to today's date, being the amount of remuneration lost by the applicant as a result of the termination of his employment, such sum to be paid within 14 days;

4. The period between 22 August 1994 and the date of this decision be treated as continuous employment of the applicant by the respondent for all purposes.

NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.