Lowe and AFMEU v ACL Bearing Company Herr and AFMEU v ACL Bearing Company [1995] IRCA 34

CATCHWORDS INDUSTRIAL LAW - Termination of employment - Complaint of unlawful termination - unauthorised removal of property - onus of proof - civil test - satisfaction on preponderance of evidence - balance of probabilities - serious allegation - gravity of the consequences - reasonable satisfaction. Industrial Relations Act 1988, S170DE, S170EDA, S170EE Briginshaw v Briginshaw [1938] 60 CLR 336 Byrne & Frew v Australian Airlines Limited [1994] 52 IR 10 Bi-Lo Pty Ltd v Hooper; Hooper v Bi-Lo Pty Ltd 34 AILR 283 LOWE AND AFMEU v ACL BEARING COMPANY HERR AND AFMEU v ACL BEARING COMPANY No. TI-173/94 and TI-174/94 Before:Ryan JR Place: Melbourne Date 15 February 1995

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY Matter No TI 173/94, TI 174/94 B E T W E E N: JAMIE LOWE and AFMEU Applicant AND: ACL BEARING COMPANY Respondent

B E T W E E N: DONALD ALFRED HERR and AFMEU Applicant AND: ACL BEARING COMPANY Respondent COURT: RYAN JR PLACE: MELBOURNE DATE: 15 FEBRUARY 1995 MINUTES OF ORDER . THE COURT ORDERS THAT: (1) The respondent reappoint Jamie Lowe to the position in which he was employed immediately before termination.

(2) The respondent take appropriate steps to ensure continuity of Jamie Lowe's employment and that payments received on termination are adjusted to ensure remuneration lost from the date of termination to the date of reinstatement.

(3) If necessary the respondent is to be reimbursed for appropriate aspects of termination payments such as payments in lieu of leave entitlements.

(4) The respondent reappoint Donald Alfred Herr to the position in which he was employed immediately before termination.

(5) The respondent take appropriate steps to ensure continuity of Donald Alfred Herr's employment and that payments received on termination are adjusted to ensure remuneration lost from the date of termination to the date of reinstatement.