Federal Court of Australia
CATCHWORDS
INDUSTRIAL LAW - Termination of employment - failure to follow direction affecting safety of employees -countervailing factors - no valid reason for termination - reinstatement not sought - mitigation of loss - compensation.
Industrial Relations Act 1988, s.170EE
ROGER WILLIAM MARKE -v- G. & K. O'CONNOR PTY LTD
NO. VI 1097 of 1994
Before: STAINDL JR
Place: MELBOURNE
Date: 18 JANUARY 1995
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 1097 of 1994
BETWEEN:
ROGER WILLIAM MARKE Applicant
AND
G. & K. O'CONNOR PTY LTD Respondent
MINUTES OF ORDER
18 January1995 Judicial Registrar Staindl
THE COURT DECLARES:
1. That the termination of employment of the applicant contravened Division 3 Part VIA of the Industrial Relations Act 1988;
AND THE COURT ORDERS:
2. That the respondent pay to the applicant compensation of $10,560.00.
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 1097 of 1994
BETWEEN:
ROGER WILLIAM MARKE Applicant
AND
G. & K. O'Connor Respondent
REASONS FOR JUDGMENT
18 January 1995 Judicial Registrar Staindl
G. & K. O'Connor Pty Ltd runs an abattoirs at Pakenham. The overwhelming majority of its product is exported. Some of the meat to be exported is frozen and stored in a large freezer. Thereafter, it is loaded into large containers for export. It is the operation of these areas, involving the freezing and dispatching of meat, which is critically in issue in these proceedings.
Roger Marke ("the applicant") commenced working at the abattoirs in 1988. In about early 1991 he was, promoted to the position of "load out foreman" or "load out manager". He had responsibility for ensuring that the meat which had been processed at the plant was frozen or chilled, and was then dispatched correctly. On any particular day the abattoirs would process between 400 to 750 head of cattle depending to some extent on the season. More than 300 people were employed in such operations. The area for which the applicant had responsibility was a very busy area and it was subject to considerable pressure.
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