Federal Court of Australia
CATCHWORDS
INDUSTRIAL LAW - Termination of employment - whether employee had abandoned employment - no valid reason for termination - reinstatement.
Industrial Relations Act 1988, ss.170DE and 170EE.
WILLIAM BOYD -v- GODFREY HIRST AUSTRALIA PTY LTD WILLIAM BOYD -v- TYBAR ENGINEERING PTY LTD
NO. VI 246 of 1994 NO. VI 247 of 1994
Before: STAINDL JR
Place: MELBOURNE
Date: 30 JANUARY 1995
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 246 of 1994 VI 247 of 1994
BETWEEN:
WILLIAM BOYD Applicant
AND
GODFREY HIRST AUSTRALIA PTY LTD AND TYBAR ENGINEERING PTY LTD Respondents
MINUTES OF ORDER
30 January 1995 Judicial Registrar Staindl
THE COURT DECLARES:
That the termination of the Applicant's employment by the Respondents contravened Division 3 of Part VIA of the Industrial Relations Act 1988.
THE COURT ORDERS:
1. That the respondents reinstate the applicant by reappointing him to the position in which he was employed immediately before the termination of his employment.
2. That the respondents pay to the applicant the remuneration he would have received but for the termination.
3. That the applicant's employment with the respondents be treated as being continuous for all purposes.
4. Liberty to apply to the Court upon 48 hours notice in writing to the other side.
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 246 of 1994 VI 247 of 1994
BETWEEN:
WILLIAM BOYD Applicant
AND
GODFREY HIRST AUSTRALIA PTY LTD AND TYBAR ENGINEERING PTY LTD Respondents
REASONS FOR JUDGMENT
30 January 1995 Judicial Registrar Staindl
William Boyd commenced employment with Godfrey Hirst Australia Pty Ltd ("the company") on 22 July 1991. He was employed as a plant administration manager at the company's Geelong plant. The company manufactures yarn and carpets and in 1994 employed about 1,200 people. The applicant continued to perform this role throughout his employment although at other times also took on other duties. In late 1991/early 1992 he took on the additional role of mill administrator, the mill being one part of the operations carried out at the plant. In about mid 1992 he was appointed the general manager of the mill.
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